Friday, August 8, 2008

Yoe Borough July 1, 2008 Minutes

YOE BOROUGH Pg. 1 150 NORTH MAPLE STREET YOE, PA 17313

The regular monthly meeting of Yoe Borough Council was held on July 1,2008 at the Yoe Borough Municipal Building, 150 North Maple St., Yoe, PA. The meeting was called to order by President of Council,Sam Snyder, at 7PM with the Pledge of Allegiance.

Councilman Snyder asked if everyone had an opportunity to look over the minutes from the prior meeting. Any additions or corrections? Councilman Snyder said to let the record reflect that I will be abstaining because I wasn’t at the last meeting. If they’re no any additions or corrections, do I have a motion to accept? With my abstention. A motion to accept the minutes of the June 3, 2008 meeting was made by CouncilmanNoll. The motion was seconded by Councilman Crull. In favor : CouncilmanManns, Councilman Howett, Councilman Allar and Councilman Myers.Abstaining: Councilman Snyder. All in favor. Councilman Snyder said motion carried.

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Councilman Snyder said the first one we had on the list is Mr. Bowser concerning his subdivision. He’s not here. The only update that I would have for council, is the last I heard from the zoning officer, he has not applied for any variances as what was discussed at last month’s meeting. He has as of today I guess in this mail there has not been any request for an extension. So than 90 days would be up after or before our next council meeting so I think we need to make a motion to accept or deny and make sure that Jason would send out a letter notifying them of council’s decision. Solicitor Solymos said and Jason would obviously site the specific sections applicable to that. Mr.Reichard said that I would cross reference what previous letter that mentioned all of that stuff. I’ll copy the county on that also, because there are ones that ultimately will deny it. Councilman Snyder said because as far as I know, it’s still pending. Mr. Reichard said we can deny it for zoning.Councilman Snyder asked is there any discussion? A motion to deny Mr.Bowser’s subdivision plan was made by Councilman Myers. The motion was seconded by Councilman Noll. All in favor. Councilman Snydersaid plan is denied. Do you know off hand what the date criteria to get that notice to him? I think it’s fifteen days or something.Solicitor Solymos saidfifteen days after the decision. Councilman Snyder said high priority then.

Councilman Snyder said next on the visitors list, Mr. Dallmyer. Mr.Dallmyer said hello. I have apparently there’s some misunderstanding that I have a, subdivided or attempted to subdivide the property that I own on Water Street, but never did. When I receive the letter from Davidson I decided that it’s just too erroneous to subdivide a property that small even to do anything with it. So I very simply went back to where it was originally, precisely, originally purchased, that’s it. And ever since then I’ve been hearing that I subdivided, I haven’t subdivided for a can subdivide it or I can’t do anything with it, it’s been a real problem for me. I’ve had a lot of phone calls, no activity. So tonight hopefully I can get the squared away. For two lots, as of right now, are precisely what I purchased. However, there is a third lot and that lot was the land that was given to the railroad property. Which was on the top of, above both properties. When I purchased it, I do not subdivide but that was added in to have corrective deed, which YorkCounty, the assessment office, but that in so that all they did was when the property was given to the property owner along that rail trail, rail line, it was given to each one individually wherever a lot line was that’s where it was

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given. It was given and one swat across. All I did was simply have a corrective deed done to that effect. So that land is on the top of each one of those lots. Just as it should be. And I have that here, that everything here I hope that will explain that. I never did subdivide that property. Therefore, it’s the same as it was, when I bought it. I did sell one lot. And that lot is sold to a company,RMA, Inc. They have had purchasers for it and of course they don’t have them right now but they had purchasers for it. What I had to do I gave the right away across the bottom of the property. Which should be no problem to do. You know. And that was a declaration of easement. And that’s it. The properties are the same way they were, there’s no subdivision. I did check to see about sub dividing, it was really two hard. All I wanted to do was to make them two lots, equal. One lot’s large and one lots small. It would be very nice to have them both the same. When I found out it was going to take me time, money and cost me, you know, it wasn’t worth it. So I just discarded that. And never thought about it again. Until just recently when I was told that I subdivided which I didn’t. So what do we doto get this thing squared away? Solicitor Solymos asked so you have all your documentation here? Mr Dallmyer said I have it here. Solicitor Solymossaid and I will review it, I will get back to borough council at their meeting and after all I’ve done that you will get a copy of the letter I sent to boroughcouncil with my opinion. That’ll put an end to it one way or the other. It’ll be an answer that you’ll be satisfied with or an answer you won’t. I’ll review. Mr. Dallmyer that it’s all here is a shame we just can’t look at it.Solicitor Solymos said I’ll tell you what, I don’t think just seeing for the first time, with you had indicated when we talked about this week’s ago, you were going to get this stuff to me. It’s not a problem, I need some time to look at it and I need to get my abstract in place. I’ll get back to you. Mr.Dallmyer said okay. Solicitor Solymos said you can provide me with any of this you want me to have or we can make copies of it, so you know what you have or these copies already for us? Mr. Dallmyer said well they weren’t really for the borough, but I didn’t think I was going to have to leave any.You certainly can copy it. Solicitor Solymos asked Sandy, can you make copies of it? The secretary asked right now? Solicitor Solymos asked tomorrow? The secretary said sure. Solicitor Solymos said and give Mr.Dallmyer his original, and then we’ll take a look at it and I’ll run it past my abstractor. Mr. Dallmyer asked what is the problem? Solicitor Solymos saidVisitors(cont.) Page 4

it would appear that you did subdivide. Mr. Dallmyer asked how did Isubdivide? Solicitor Solymos asked which lot did you sell? Mr. Dallmyersaid okay, I sold the back lot. Solictor Solymos asked which is that, number three the railroad property? Mr. Dallmyer said not the railroad property, it isn’t there. Solictor Solymos asked so is this a lot number one or number two? Mr. Dallmyer said that’s the lot I sold. The one without the building on it. Councilman Myers said I thought there was a gentleman that came in here and said he was buying the garage. Mr. Dallmyer said that would be TerryGeesey, that lives down the street. He wants to buy the garage. CouncilmanSnyder said according to you, the tract that has the building on, on your deed, is listed as tract one. Mr. Dallmyer said tract one. Councilman Snydersaid and then the one that you sold its tract two? Mr. Dallmyer said yes,tract two. And here’s the only difference, the only difference is, on this, right up here, this thin strip was also listed on my deed, as tract three. And what I did was went back to the county and said hey, this was as a matter of fact, my attorney did it of course I didn’t do it. And said here it is, it should have been with this property with each one of these deeds, when it was given. It was given for free. And so all they did, was put a line in there, and that I think is what Davidson asked for, in this letter right here. You wanted a lightning strike or something. Mr. Dallmyer said the deed for this property, encodes the third parcel, the Maryland Pennsylvania railroad property must be delineated on the plan and shown as being added to the proposed lot with lightning strikes. The engineer indicated this lot was completed, to existing lot one and two at the tax map office. No subdivision plan is approved forthis plan. It didn’t have to be. They didn’t ask for that. Councilman Snydersaid and that’s basically what we’re having our solicitor look into. Because the way the MPC reads, any change of lot line, requires a subdivision. Based on the fact, just on the face of it, our assumption wasn’t that you subdivided,what our assumption was, it required a subdivision in order to be completed. That was the task that was given to our attorney, for him to say what was done here, and didn’t need a subdivision approval to get it through with. We were waiting for information from you to see what was originally purchased and what your current deed says. Solicitor Solymos said I would take a look at it and see what the current deed shows, because you’re going to need subdivision unless the railroad property emerges by operation of law. And then there is no need for subdivision. I’ll check that out. And I wanted to talk to our engineer, on what his thoughts were. Mr. Reichard said the subdivision was the changing of the lines, separating these two lots,Visitors (cont.) Page 5

the railroad property is an issue. This line here, is being proposed in a different location. Mr. Dallmyer said yes, that line, this is the original lot right here, and this is the original lot here. That line wasn’t there. What I was proposing, was to make the lots equal. And I was proposing that this, come out to hear then. However when I found out it was going to be expensive, time consuming to do it, I decided to sell the lots as they were. I still own this lot, this lot I sold. The land at the top of my attorney had already put on, with bow tie it had belonged to. Councilman Snyder said and that’s why we said we’ll have our attorney have his abstractor look at it andsee whether it is. Solicitor Solymos said I will copy Mr. Dallmyer. Mr. Reichard said or these described as two lots or two tracts? Because one lot can be made of numerous tracts of land. Just because there is a deed written,and it’s described. Solicitor Solymos said I review these documents, that'll me my answers. Mr. Dallmyer said they were originally, lots with tracts.Solicitor Solymos said he’s saying they were two separate lots of land. And they were put on one deed and identified as two separate pieces the ground. Mr. Dallmyer said that’s right. And instead of correctly when they put this land, instead of correctly applying it to each lot. They made one swipe across the top. That’s when my attorney went back in checked it, said no,that should be with each lot, did it that way and that was the end of it. I would have gone for subdivision to move this lot line here. But I didn’t feel it was worth it. So I didn’t do it. I sold the lots as they were. For that exception. That land at the top. Councilman Snyder asked if we make thosecopies tomorrow how would you like to pick them up ? Because Dana’s off on vacation this week. Solicitor Solymos said I’ll have someone from the office pick it up. Thank you. Mr. Dallmyer said you’re welcome. Have a nice evening. Mr. Reichard said the property is described as numerous tracts, not individual lots. Councilman Snyder said the original deed, was shown to my recollection, there’s one deed with three tracts. And what he ended up selling does not conform to the original dimensions of the description of the tract, of any of the tracks. Solicitor Solymos said of any of the tracts?Councilman Snyder said correct. Solicitor Solymos asked does that have something to do with the railroad? Councilman Snyder said yes, the railroad was added into it and then he changed a lot line, he also changed the lot line in between the two tracts. Solicitor Solymos said I just heard him say he didn’t. Councilman Snyder said yeah. Solicitor Solymos said he tried to but he didn’t. Councilman Snyder said he’s saying he didn’t but I read over for

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the description and you can easily see that, tract one had a lot line of 260 so many feet and now if you see what is his new deed says, only so many feet.It’s different dimensions. That’s easily picked up with an abstractor. Solicitor Solymos said he expressed a need for council to make a decision tonight, but when I talked to him a few weeks ago. So any way. CouncilmanSnyder said we’ll go from there.

Councilman Snyder asked any other visitors that would like to be recognized?

Solicitor’s Report

Chronister Solicitor Solymos said then a quieter month and last month.Matter With regard to the Chronister matter, we have filed a ten day notice, a warning, that if you don’t respond we’re going to take justice in ten days. So I expect we will have the response very shortly.

Cottrell Solicitor Solymos said Cottrell I think is on the twenty third.Matter Councilman Snyder said twenty ninth. Solicitor Solymos said that’s the first Cottrell matter now there’s new Cottrell problems brewing. I don’t think you need my legal opinion on it yet, because we don’t know exactly what’s brewing, it is brewing, we just ought to keep an eye on it. I think he’s half of your bill.

Solicitor Solymos said I think that’s about it on my report.

Riedel Councilman Snyder said we do have a couple things underLetter solicitor. Forgive me if some of this has already given out at last month’s meeting. We do have a copy on file that was sent out to the Riedel’s concerning the dams. Solicitor Solymos said I basically talked to the Riedel’s son, he doesn’t want to get involved with lawyers, he doesn’t feel that he needs to get involved with lawyers. He’s not going to give us anything. That’s where he’s at. Councilman Allar said I talk to the father. I think I convinced him to seek legal counsel. I told him what we have. HopefullySolicitor’s Report(cont.) Page 7

his lawyer will get back to you. Solicitor Solymos said and I will report back, I haven’t heard from him yet. Councilman Allar asked if you hear from him could call me. If I don’t hear from you in two weeks, I’ll call him.

Hertzog Councilman Snyder said I have a letter on file from Mr.Letter Hertzog from Code Administrators confirming what the position was on their fees, that they’re not going to be charging us. That is on file.

Letter Councilman Snyder said the letter did go out to Mr. Wagnerto from Penn Waste. As of today, I have yet to hear any response.Mr. Wagner Have you heard anything back? Solicitor Solymos said no. I’m surprised they don’t want to get on board. Councilman Snyder asked so what are we do here, they’re still commingling? Solicitor Solymos said I think we need to put then on notice and refer back to this letter. But I think it should be put on borough letterhead. Councilman Snyder said just a short letter saying Pete’s letter of June 3rd has not been answered. Solicitor Solymos said if you want, I can draft that letter, tomorrow morning and send a copy. I can send a copy when someone picks up the information. Councilman Snyder said that will work. The secretary said thank you.

Sheriff’s Councilman Snyder asked about that copy of thatSale sheriff’s sale. Do we need to say anything about that?

Ordinance Councilman Snyder said other things under solicitors, which we might as well bring up with your ordinance, on the zoning amendment change. The meeting went very well. I was very well received. They took all the comments, that I had, for a well received. When I spoke to Jason, ahead of time, some of their comments we were going to concede to and say yes we need to change our ordinance. At that point, that kicked

Solicitor’s Report(cont.) Pg. 8

it back for another month anyway. Because they had to do some redraft, send it back to county planning for it to be ready for adoption next month. I’d gone over those changes with Jason, understand that some of York County Planning’s thoughts or sometimes, we’re going to agree to disagree. Randy Beck said that in good conscience, even though with a sixty foot, right now we’re just talking about the sixty foot distance in between buildings. He said when he look that up, it of course referenced, 30ft. from a property line. And I said yes, our logic is if you require 30ft. from this side property line and this building is 30ft. from this side property line, that’s sixty foot. So if you’re having a multifamily cluster, wouldn’t it be the same as to be logical to require 60 foot. And he said absolutely but he said just understand we’re going to agree to disagree on this because you’re going to be outside the norms of York County. So he’s still going to recommend that that be changed. Understanding that council does not have to accept the recommendation that we can still pass that with. Of the comments that we agreed to change a lot of them were typos, some of them were misconstrued in the ordinance itself, like the ordinance referenced manufactured housing, whereas our zoning ordinance references mobile home. He felt that that should be clarified. Little things like that. I had gone over with Jason, he had prepared an updated ordnance. And sent that in to York County Planning and they’re going to be discussing that tonight. As per a phone call as of yesterday,Randy, he received the update, he said on the seventeenth, the seventeenth of June. Which coincides when I got with Jason on the sixteenth and said hey, times running here we need to get it to them. Unfortunately, is not enough time to give it to their advisory board, which goes to them before the planning staff, with the official recommendation. He was going on vacation from the 23rd and wasn’t back till Monday. He cursory looked over it. And said some of the issues that we talked about, were not taking care of. And I said, really. He had not finished his comments at that time. We just now that the fax in, as of tonight. Jason did get a copy of those comments. Now you can bring council up to speed on what you found. And where to go from here.Mr. Reichard said well, there were ten comments issued. Eight of the tenSolicitor’s Report(cont.) Page 9

were basically duplicates of the last set of comments. A lot of them are the issues that Sam just discussed with you. We’re going to agree to disagree type of thing. They’re still reciting the same comment. I don’t know if it’s going to be a matter of just how it’s presented to the county for approval and they accept that. Sounds like you may want to sit down with them one on one, personally have a look through that. Councilman Snyder said well honestly, it’s like you said we can still go ahead and pass it. Even with their recommendations. The board itself was very receptive from me being in there, they understood what our intent was, what we’re trying to achieve. They do not like that we’re giving all this authority to the zoning officer. I explained to them being a small municipality, not having a fulltime staff, we want the zoning officer involved because he has our full time employee. He’s gonna work hand in hand with Jason. They understood what we’re trying to achieve so it’s one of those things that under his stature of the planning commissioner or planning council adviser that he’s still going to put those comments in. I said OK as long we’re aware of them. Mr. Reichard said our two comments that do affect it, one of them is the table that’s in the ordnance unfortunately when we were sending this out we had an electronical problem with the file, reproduced the table on the last minute. It was all on us, it just didn’t come out in its original fashion so unfortunately the copy that the county had to review was not what we intended them to review. There was a section, reviewing industrial uses, associated buffers that was excluded. It was our mistake so the situation is the ordnance that was before you, has the incorrect table in it. Or we get to the point where we adopt that ordinance and come back and amend that same ordinance to replace the table. Honestly any of the other comments that the county feels that they need to address, you have to adhere to so. Councilman Snyder said my thinking was, this is just my thought, Pete you can chime in to. We table the ordnance again for another month. It has not been advertised for next month’s adoption so there’s no advertising fees there. Already spoke to Jason on the matter. Why wasn’t it taking care of, you messed up. The cost to the borough? We already agreed that there would be no cost to the borough, incurred to the borough for doing itSolicitor’s Report(cont.) Page 10

again and sending it back up to them. So it’s a matter of just waiting another month. That’s basically what it amounts to. No extra cost to do that. I mean we’re still gonna have to advertise then for the September meeting. Legally wise, if someone would come in with a plan. Solicitor Solymos said I would still recommend that you go with the duly advertised plan. The secretary said that has gone to the zoning officer and he has a copy.Councilman Snyder asked so we still have a safety net so that if anyone else comes in. Solicitor Solymos said the sooner we move the better we are because we will get to the point where they will say you just can’t sit it and hang it out there. There are cases to that affect. We aren’t at that six month timeframe. Councilman Snyder said so Sandy can have a copy in next month’s packet, as far as what the actual comments are because I know Jason didn’t go over each one. Basically it’s like he said we’re just going to agree to disagree. Such as giving that power to. Councilman Noll asked of those eight comments, that we agree to disagree are are they going to deny the ordinance as the recommending body or are they going to recommend to adopt this. Councilman Snyder said at tonight’s meeting, to recommend that we deny it. Councilman Noll said okay. Councilman Snyder said at the last times meeting believe it or not, I got a kudos from Attorney Rehmeyer. He said it was the first time he’s ever seen the board issue a determination like they did. Which was they did not make a motion to deny, they didn’t make a motion to accept. They made a motion to accept the comments. Because they didn’t want to go on record as going against our wishes and what we’re trying to accomplish here. By them even recommending this thing being denied tonight. It’s no big deal. Because the board itself that actually makes the recommendations knows what we’re trying to achieve. Councilman Noll said so once we correct those things, and it goes back up, what will they possibly do next, those other few comments are taking care of. Mr. Reichard said I think we should be all right because the planning commission is a recommending body and they don’t basically agree with 100% with this ordinance. So, those issues, they didn’tSolicitor’s Report(cont.) Page 11

agree 100%, it’s just a matter of opinion. The two comments that are throwing us out are just do to an error. It needs to be corrected. Councilman Snyder said now what the board will do. I mean we can probably send a letter or ask Randy when you talk to him. Councilman Noll said but next month it’ll probably be the same. Solicitor Solymos said you are going to get the same thing next month as to the eight things, that we want, that aren’t in error in our mind, or are inappropriate in their mind. Councilman Snyder said they may still recommend to deny based on those other comments. Councilman Noll said right, they are as we all know, a recommending body. I don’t say I agree with every last letter they have but it’ll probably be denied. Solicitor Solymos said exactly. Obviously under the MPC you have fulfilled your responsibilities, when you have accepted and reviewed their comments. At which point you make a decision as how you want to amend the ordinance. And it’s been done that way under the idea that the planning commission because they have engineers, and expert staff to give you some good guidance on technical issues. But the bottom line is you still live here.Councilman Noll said right, zoning is our right. Councilman Snyder said the only thing that we’re probably going to have to worry about Pete, and that’s clarification on your part. Our next meeting will be on August Fifth, which is their next meeting. Which then they’ll get the comments and make another recommendation letter. Our following meeting in September will be the second and Randy Beck, he’s not a lawyer,he can’t give legal advise, but he said he was under the impression that we have to wait 30 days till after we receive the comments before we can adopt it. I don’t know if that is an issue or not. Solicitor Solymos said I don’t think that’s correct but anyway, we received comments already. Councilman Snyder said so that’s a technicality. Solicitor Solymos said that’s a technicality, but I’m not concerned about because York County Planning is not going to shoot us down on the ordnance, no one else is going to be involved. Councilman Snyder said okay, I think that’s all I had for solicitor.

Solicitor’s Report(cont.) Page 12

YT Solicitor Solymos said York Township has redone its map.Map I hope you’ve had time to look over it. Jason has determined that they’re not taking any more of the borough. Or putting signs in what have you. Knowing the history of this I think the borough should say, nice map, its good fellows. That will be up to you folks to consider.

Res. Solicitor Solymos said the borough’s association has sent you2008- a resolution for you to consider. It would ask the legislature to06 remedy the prevailing wage laws. This small municipality, you’ve got to pay the prevailing wage for a lot of the work that you have to do and that’s costing you a fortune at a time when the economy is just gone south on us. I’d like you to read that resolution, possibly tonight amongst yourselves. As far as the format of the resolution I have no problem with it. You’re going to have to decide the logic of that and how the prevailing wage laws affect this municipality. Councilman Myers asked what are they looking to change the amount of $25,000.00?You know we tried that about two years ago and got shot down.Solicitor Solymos said they mention the case in their coverletter. They want you to pass this resolution, they going tosubmit it as part of the borough’s council and they’re going to gettheir lobbyist to go up there and hope that someone passes on it.That’ll hold up. Councilman Myers said I’m going to callsomeone tomorrow and wonder that that is. Solicitor Solymossaid that’s all I had folks. Councilman Snyder asked anydiscussion on that? Technically we can pass that tonight.A motion was made by Councilman Myers to resolve resolution2008-06, the resolution that states that $25,000.00 hasn’tkept pace with inflation and are asking that it be raised.They’re not recommending any amount if they considerraising. The motion was seconded by Councilman Allar.All in favor. Councilman Snyder said so be it resolved.

YT Councilman Snyder said I looked at it, and they’re notMap even putting zoning on or nothing. Mr. Reichard said I’m sure they’d get you another copy if you asked for it. Councilman Allar said they didn’t break it downSolicitor’s Report(cont.) Page 13

as to. Mr. Reichard said this isn’t an official map. An official map. It say that they’re in the process of developing an official map. So this letter is being presented to you as notice for you to offer comments, recommendations in a 45 day review period. So they’re representing this map, questions and an ordinance that you can review and asking questions about input. Mr. Reichard said an official map, my limited knowledge of it, it’s used to establish future roadway systems, designate recreation areas, establish trail systems. The township adopts an ordinance, have a map in place, that says this is our path to the future in terms of those areas. Councilman Manns said this part of a comp plan where they list what their future goals are. Councilman Allar said I’m surprised. Mr. Reichard said one of the reasons that they do that, if a development does come in, say there’s a 100 acre tract in the township that comes in and this official map shows there’s an arterial road going through there, that gives them leverage to try to work that developer to see that, that road is constructed in accordance with this overall plan. Councilman Snyder said it shows Yoe Drive in York Township. If we want to make an issue. Mr. Reichard said yeah. So if they were showing a four lane highway coming in the middle of Yoe, I think you should be concerned but at this point they’re not. Councilman Snyder said they are showing George Street, and Springwoods Road as a collector’s street. Mr. Reichard said so if you are interested, you have 45 days to get a hold of the township and I’m sure that there’s going to be some kind of meeting scheduled to talk about it. You can learn about the process.

Engineer’s Report

Orchard Mr. Reichard said following up from last month or actuallyVista two, the Orchard Vista site, we last month were presented aEngineer’s Report(cont.) Page 14

plan via the Conservation District. I think a copy of that was left here at the borough. The question was asked what is permitted with a township. The result that I got when I asked about that was nothing is permitted. They initially and currently are proceeding without any type of permit. The township stepped in and basically found that what they’re doing doesn’t require a permit. They have no requirements for or issuance of a building permit or grading permit to move earth. So. That’s what Dennis Henry was telling us. They have a plan that’s in place, there isn’t a specific permit other than they did submit the same plan that was submitted to the Conservation District. And all that is for storage yard, it shows of gravel parking lot and that’s to be used for storage and that’s it. So originally they were trying to work on the original plan that was submitted to Yoe as part of their zoning hearing. And obviously that was amended, they just reduced it out to show, a stock yard. That’s as much detail as I could get. Councilman Allar asked you talk to Dennis Henry and not the zoning officer? Mr. Reichard said we started with the zoning officer being that Dennis Henry was on call. That’s what they stated the little plan they do have in place is accurate. They have Conservation District approval for this. Whatever the plan is, for a stone lot to meet their requirements. No permit at all, for construction or anything beyond. Councilman Noll said the township will make you get a permit to change your front door, I’m very honest about that. Mr. Reichard said that’s what Dennis said, they’re working on the earth moving permit right now. It’s a novelty to have that plan submitted and apparently approved, but not permit for the development process. That’s the details of is able to get. Councilman Allar said you said you were going to check back with the Conservation District, about the size of that swale? Mr. Reichard said we’re working with Dan Donahue and talk to him twice about it and he apparently isn’t over concerned about it, what’s out there. I think he’s looking at it as a post construction condition now. Councilman Allar said that swale isn’t right. Mr. Reichard said I know we went to him twice. We really didn’t get any responseEngineer’s Report(cont.) Page 15

that he was really gonna go out and look at it at the time. Councilman Allar asked do we know the design depth? Mr. Reichard said we can get that from the plans. Councilman Allar said at least get that. Mr. Reichard said when Aaron Hoover from our office went out to look, the grass was three and half foot tall. He really couldn’t tell where it was, that partly a sign, its partly not built. If it was showing a foot to a foot and a half deep, we should have been able to tell going out through there. Maybe Dana can go up there and do some research up there. Councilman Allar said I walked around there, and it isn’t cut in. Mr. Reichard said it should be cut in. And that would be a post construction storm water issue that the township should be dealing with. They were made aware of it. They didn’t look at it or make a comment of it either. Maybe if you want we could write a letter requesting that, that inspection be completed by the township so that they were pretty much installed accurately. Much more than that, I ‘m not sure. Councilman Snyder said its best that we continue with the Conservation District. Mr. Reichard said we couldn’t see it when we were out, maybe they took care of it. We really couldn’t see what was going on.

105 E. Mr. Reichard said we already took action on the 105Penna. E. Penna. Avenue project plan. So that’s off the booksAvenue for the time being.

Yoe Mr. Reichard said on construction projects. The Yoe DriveDrive paving, last month, we deferred any action until this meeting. Paving As you recall, the request for reimbursement was more or less from the township before you to cover the cost of the first phase of paving on Yoe Drive. The cost breakdown was in the amount of $8627.50 for Yoe Borough’s share of the work. With the understanding there would be a second phase, of a wearing course at a future date. So we still, are waiting for a decision on that to talk to the township about that, inform

Engineer’s Report(cont.) Page 16

them of your decision. They are expecting some kind of notice from the borough. Councilman Snyder said did Dana provide any information in his report. The secretary said yes its in there. Mr. Reichard said I didn’t go into any detail. I was working with a gentleman named Tim. Tim Poff. Mr. Reichard said Scott Depoe was on vacation, so I talked to Tim until the borough know what it actually wanted to do. I held off on that. Councilman Snyder said based on Dana’s maintenance report, he talked to Jerry Wagner of Municipal Services at PENN DOT and we can not use liquid fuels money for the work on Yoe Drive or Orchard Street without a survey of the boundary line and documentation of adoption of the portions. So that’s the answer with liquid fuels. I think when this issue first came up Jason had provided us some preliminary figures to get a survey done. Which I think was about $6500.00. At that point you’re almost at what they’re asking for, and all we’re getting is a survey, and we still have to adopt it. It’s just my personal opinion, at this point, if we can’t use liquid fuels, had it been a regular adopted road as it should’ve been then the borough would be maintaining it just like any other alley in here. I think there’s probably a duty to maintain it, on our behalf. I think if we offer them, $2000.00 a year until its paid off, because it wasn’t in our budget. When I spoke to Scott Depoe, I told him that it was not in our budget. I said we were looking at other possibilities, like with liquid fuels and stuff. He said no problem I’ll run that by Elizabeth. We worked out deals like that before. Such as with dams, mowing and so. You pay your share and reimburse at the end of the year. That’s the last I heard. Elizabeth either never got back to him, or he didn’t get back to me. That’s the last I heard that he was going to run that past Elizabeth. So I guess if they’re waiting for us to say this is what we can do. I really think they want to see that we make some kind of contribution. They have already budgeted to pave the entire amount. I know Jason said we can go back on the offer for, I guess theEngineer’s Report(cont.) Page 17

overlay portion of it. Mr. Reichard said 7ft. of it. Councilman Snyder said so, it’s just a matter of making a goodwill token, say we’ll pay you $2000.00 for the next four years. Councilman Allar asked could we transfer liquid fuels monies to the township. In the case of the county, they transferred to us. Councilman Snyder said I don’t know if Dana even asked that question. Councilman Myers said when the county does, it gets that money to do that. Mr. Reichard said it still is liquid fuels money. Councilman Myers said right. Councilman Snyder said the road has been adopted by the township. They’ve adopted the entire roadway or cartway, thirty five or forty feet. But they do not get liquid fuels monies for it because of the boundary dispute. Because they knew that PENN DOT knew that the boundary lines kind of ran down the center of the road so nobody is collecting liquid fuels monies for it. Now what we could do, is find out if we could transfer liquid fuels monies that they could use on another portion of Yoe Drive. And they pay that portion out of their general fund because evidently we can’t use liquid fuels monies on it. Well they did adopt it though, so they should be able to use liquid fuels. Councilman Allar said I would prefer that we start out small, small amount of money and some kind of in kind services. And then work up. We could always start at a $1000.00 year and break it up into years. Maybe go $4000.00 and he plow further down. Dana is on the road he goes down another quarter mile. Councilman Snyder said well there he plows it anyways. Councilman Allar said right. Councilman Snyder said I don’t know where he turns around at. Councilman Allar said that would be a lot cheaper for us. Councilman Snyder said we didn’t offer them anything yet. Councilman Allar said I thought you said you already mentioned about $2000.00 a year. Councilman Snyder said no, I mentioned that here. I said I would mention to council, about paying it off in installments. The secretary said and that’s whatEngineer’s Report(cont.) Page 18

Scott Depoe was going to ask Elizabeth, if she would agree to something like that but you did not offer an amount. Councilman Snyder said I did not offer an amount. The secretary said correct. Councilman Allar said I would go for liquid fuels, because we have a lot of it, if we don’t then maybe we can go for a smaller dollar amount. Its coming out of our budget and maybe some in kind services. I think the key is they want to see what we are going to do. The $8000.00 is a large amount. Mr. Reichard said there’s something I’m not sure about is I don’t why the borough boundary is important in this case. I think the key issue is having it adopted. There’s a possibility we could have a legal agreement between Yoe and York Township, that says center line over, is the division between the two municipalities and Yoe Borough drops their side and York Township drops to that, and we’d have the building from liquid fuels. It would be like a waiver of rights basically that the agreement would waived the rights to the portion beyond the center line and describe that. A survey, this would be good enough for both municipalities to agree, you would describe it, you could do a limited survey, of just the piece that you feel we have the right to and leave it at that. And say anything outside of this described piece of land we agree. Councilman Snyder said I actually don’t, this is my opinion, we’re looking at engineering fees for that. We’re looking at legal fees for that. Once this thing is paved, they’re not gonna touch that for another thirty years unless they get some really heavy traffic back there. It’s gonna happen. Once this upgrade is done, it’s gonna be done. So, now’s the cost, why incur extra engineering and legal fees when the cost has already occurred. Councilman Manns say it will be three years, four years, for the paving cost. Councilman Snyder whatever I do not offer them anything. I just said we would work out some kind of a deal cause I told them, we don’t have money budgeted for it. Councilman Allar said in kind services and $1500.00 a year for two years. We can always

Engineer’s Report(cont.) Page 19

go low. Councilman Snyder said you tell me the what you want to offer them. We’ll go back with Jason, the last two phone calls were through you. Councilman Allar said the first thing is to try to transfer the liquid fuels and then I wouldn’t offer them any more than $4000.00. Mr. Reichard said or you just could give the street back to York Township and then you wouldn’t have to contribute at all. Councilman Snyder said I think that was the issue that Ron tried to work out two years ago. Wasn’t it Ronnie? Wasn’t it two years ago you tried to work out that deal with York Township that they would maintain and take care of that? Councilman Crull said yeah. Councilman Snyder said the problem with it just like with Jason had said, we need an agreement set in place, for them to collect liquid fuels on it. That agreement never took place. Now where behind the eight ball because we now have the six residents up there that say they need park along the street and we know the minute we turn that over to the control of York Township, they’ll make it no parking. Had this been in place two years ago, we could have looked at the residents and said bitch to York Township. Now we’re the ones selling them up the creek. Councilman Crull said they said they would take care of it, when the curbs would go the whole way out to Chapel Church Road, and the road was going to be widened the whole way out. Councilman Allar said we do have residents out there. Councilman Snyder asked do you want Jason to offer that now or before he finds out about the liquid fuels question. Mr. Reichard said do you want Dana go call him. Councilman Snyder said he is on vacation. The secretary said July 8th. Councilman Snyder said he contacted Jerry Wagner. Councilman Crull asked this tonnage on this black top, who figured that? Mr. Reichard said York Township. Councilman Crull said the reason I asked that 350 tons, that’s, they only haul 20 ton on a load, the state, and that’s seventeen loads and we used 24 up here to do three streets. Something is wrong there. Mr. Reichard said take a look at the street. I thought the same thing then I went out there and situation that we have, the road surfaceEngineer’s Report(cont.) Page 20

here, and the curbs are here. Councilman Crull said that’s ‘cause they put them there. Mr. Reichard said well the street when you’re heading now towards Chapel Church Road, that road was so low, on that left side, so what they did is they brought the curb line out so that the new street would have the same slope on both sides. The crown with a 2% cross way in doing so, we’re going to be putting two different lifts in there probably three up to 4in. pavement on a long stretch of that. Councilman Crull said the drains they have are only about 4 inches higher than the road. Mr. Reichard said that’s 4in. and then in the middle, some of the places or going to be more than that so. I thought the same thing, I ran the numbers and I call them on it. I came out here before the last meeting and looked at it and I think it’ll take it. Now the deal is it could be less. Hopefully it isn’t, they estimated high and we can use less material. That would be a discount to the borough but our plan is for at least that much. If they don’t then. Councilman Snyder said understand that we’re offering them $4,000.00 and in kind services for this. We aren’t going to get break if it comes in less. We get the break if we were actually paying the bill. Councilman Noll said you said there was a developer involved in, there are probably some bonds that are still held, are there? Mr. Reichard said he’s responsible, he did his initial widening, he’s only responsible for the wearing course. This scratch material they’re putting on now. Kind of extra. I think he does have a bond with the township actually for some more. We have it on record somewhere, I can’t remember. Mr. Reichard said it is only for wearing. I talked to him and he said, just let me know when. We will pay our share of the final area. Councilman Snyder said with the time constraints I think we’ll just have Jason proceed with this and get back to them as soon as possible. The secretary said Jerry Wagner is with District 8-0. Councilman Snyder said now if Jason finds out that you can transfer liquid fuels then offer them now they’re asking for? Councilman Snyder said okay, I just wanted clarificationEngineer’s Report(cont.) Page 21

for you. The secretary asked, Jason whatever you do make sure they respond to you in writing please. Because when I get audited I don’t want any questions. Mr. Reichard said so we’re going to offer the full amount? Councilman Snyder said the full amount if we can transfer liquid fuels to the township. Mr. Reichard asked $4000.00 and in kind services? Councilman Allar said $4000.00 of our money and in kind services. Councilman Snyder said so $4000.00 and in kind services. Councilman Allar said and the $4000.00 I would still break that up over two or three years. Councilman Snyder said I would say two years because I think we do have $1800.00. The secretary said $1500.00. Councilman Snyder said $1500.00 in highway. We want to make it as simple as possible for us because let’s face it next year they’re planning on putting on the overlay and we’re gonna be. That way we can pay off this year plus next year, were paid up, when they do paving next year, we’re only another two years behind. Councilman Allar said and to send something to catch the eye of the commissioners, once the deal is set, it may help. Councilman Snyder said just to say to finalize our conversation in writing. Mr. Reichard asked to the township? Councilman Snyder said they may not know any of this is going on. Councilman Allar said that’s what I’m saying. Mr. Reichard said I think that letter should come from the borough. Councilman Allar said I think it should too. Mr. Reichard said I’ll make the initial contact. Councilman Allar said if it comes from Sam as President of Council to the President of the York Township Commissioners. Mr. Reichard said okay. Councilman Snyder said so let the record reflect that there is a consensus of council to have Jason proceed as discussed.

CDBG Mr. Reichard said the last item is for the CDBG grantApp. application/DCNR Keystone grant, we currently haveDCNR for miscellaneous park improvements at the boroughGrant park. We did submit a CDBG grant application to the county for approval. I have a copy here for the borough. I gave a copy to Tom to, if anyone else needs one justEngineer’s Report(cont.) Page 22

let me know. We also put together a concept plan which I think I would like to review with you guys also, to get some input on it. Going through the application last month, I think if you look at the old report I brought up some issues that are budget kind of is growing on us, estimate growing on us for some of the work. And more or less left it, that we can sit down and weed out a couple things to knock the price down and try to make it a little more reasonable to take to the planning commission. Which we did. Now since then I was talking to Sam, this week a little bit about it and when to some of the details. And I think one of the issues we’ll probably discuss is, what we actually knocked out. One item is the storm water improvements where the park area is taking water now, planning just a collection system. You had some concerns about excluding that. To discuss that here to make sure everyone is aware that was. Councilman Snyder said I had, well of course I wasn’t at the last month’s meeting. So I didn’t know what was discussed. So with the reading through the minutes, I came up that saw that basically I was under the impression that the grant that was going to be applied for was as discussed through council and was presented through the engineer’s report and I know there was left with Tom had to get back to Jason that the deadline for the submission was going to be the sixth. And all of sudden I got concerned when I saw the storm water management plan was basically eradicated from the grant because that was something that we just had been talking about for two months with the problems we have been having with Philadelphia Street,Park Alley, the flooding at the park, what’s coming down from York Township. It was, Jason I don’t know if you really want to do that. That was never discussed at council. At that point Jason said well, sorry, the grant is already submitted. So the next thing I did was called up Joiann Galiano, and said look, I don’t know if council realizes that this was eradicated without it being discussed, it is an important part of the project and we do have theseEngineer’s Report(cont.) Page 23

flooding issues. What are the chances of amending the grant application? And she started to discuss things with me on the application, she said absolutely if you want to amend your application, now would be the time to do it. We are currently in the process of reviewing the applications and we’ll be making a determination by August and once that’s set, its set. I said well wait a minute now, we’ve been under the impression that if we go like something like the skate park, that we put money in for, but then we decide we don’t want it, we can amend that to change it to something else that we would want? Cause I said because we were still thinking about going out and talking to constituents and getting their ideas because there has been some discussion from what I could tell from the consensus of council that we didn’t want a skate park. She said well, once the application is submitted, she said we looked at it as council had approved this project. We would need a resolution from council telling us that we want to amend the application, we can amend it. But if you’re thinking about taking the skate park, you need to put that stuff in the amendment. Because she said, let me tell you how this is going to work, we have a $100,000.00 figure that we look at that we try to fund as many projects as what we can for the 3 million dollars over the next three years. She said if a project comes in under $100,000.00 they look at it and they go from there. If a project comes in over $100,000.00 she said then what we’ll do we’ll look at each individual item within that project to see what best qualifies for CDBG. If you are thinking about taking out the skate park and say updating our equipment, you should do that now. Because she said I’ll tell you, you get funded for swings and sliding boards quicker than you would for a skate park. She said you’ll get funded for your storm water management before you will get funded for a skate park. Because she said the way we look at it is the monies from CDBG, I know you have a DCNR grant out there, we don’t care, we’re looking at this project as a stand aloneEngineer’s Report(cont.) Page 24

project and the items that you actually come up with if they exceed the $100,000.00 then we’re going to pick and choose which ones out of the project that we’ll fund based on CDBG criteria. The criteria of course is low to moderate income housing, she said like your ADA compliant with the bathrooms, that is an automatic low to moderate income. She said when you get something she said like the swing sets, sliding board, they look at it. I said that’s currently be used by over 100 kids a day. She said we don’t want to know that. When we look at a park, she said we’re talking swing sets and sliding boards. She said we look at that park as being used for the local area only. York Township and North Hopewell, they have their own swing sets and sliding boards. If you put in a grant for swing sets and sliding boards, that’s going to be geared towards Yoe Borough. She said and Yoe Borough is automatic low to moderate income. She said when you put in a skate park, she said you lose that capability. She said now you’ve lost the ability to show what the liability is for low to moderate income. Because she said you’re going to tailor that for people outside the area. She said will look at that the same way we look at baseball fields. She said if there’s a small back yard baseball field in a community, they’ll probably fund upgrades to that. She said the larger scale baseball field that you get like Dallastown Cougars are using like that, you lose your capability that show that they utilize strictly for low to moderate income. So she said if you have changes that you want to put in, now would be the time to do it. So after that discussion I thought, okay, I know council didn’t know about losing the storm water thing. If we have to try to get this to $100,000.00 so we didn’t lose it. I just ran some figures here that I wanted to bring up to council to think about. Taking last months, engineering report of $223,300.00. Scratch out the skate board park, we’re now down to $123,300.00 for projects that were already identified on our list. Add in equipment upgrade, that we are know are coming. Because Dana has said, for the last month and half,Engineer’s Report(cont.) Page 25

we’ve got fifty year old equipment up there, that we know needs replaced. And now we have 100 kids a day up there, we’re looking at 50 year old sliding boards, 50 year old swings. I remember playing on that sliding board and merry go round myself. Its getting old. So anyways, I’m throwing this out as a ball park figure, and Dana showed me what he was looking at for a swing set replacement. You’re looking at any where from $2000.00 to $4000.00 for one swing set, of course then you have site preparation because you have to the mulching, it has to be so far out. So easily $40,000.00 on equipment upgrade. Now we’re up to $163,300.00. Add $15,000.00 for the pavilion, which was given as a figure of $18,000.00. We’ve been told by Dana and by Gail, we need to upgrade, the flooring, the equipment as far as the stoves, the refrigerators, the cupboards. We could easily spend $15,000.00 in that kitchen alone to upgrade that. Now we’re at $178,300.00 project. Request $100,000.00 from CDBG, which now we’re at their funding level. And all those upgrades, she would consider low to moderate income because we’re putting back in the storm water improvement. She said is a direct benefit to low to moderate income. So we only request only $100,000.00 from CDBG so we’re not kicking out anything there, leaves us with a $78,300.00 balance. We have a DCNR grant of $70,000.00. That leaves use a balance of $8300.00. That’s all we’re doing just upgrading the existing equipment and the kitchen along with everything else we talked about. Only leaves us with a $8300.00 balance and I think Jason or Tom was going to bring up a little later. We did get word from Mike Waugh that we got a $25,000.00 grant from his office, so if you add that into it that gives us, $16,700.00 we have to play with for overages, extra engineering costs, if we run into rock up there like we did when we got the Keystone grant. All of a sudden $15,000.00 play equipment turned into 22. It gives us that $16700.00Engineer’s Report(cont.) Page 26

buffer. But she’s saying if you want that kind of stuff in, it has to be in this month. Councilman Myers said last night when we were sitting in there at the game, Tom , George and I, I did some homework today. I talked to the girl we deal with, with the CDBG grant. I told her what we were doing and stuff like that. And she, one thing out of her mouth was, it depends on how your borough is rated. I said well I know we’re low, I don’t know what we’re out in that anymore, I can’t remember. I told her what our plans were, our thought process was. She said well, if we thought it was something good, York County Parks would have that. When we get CDBG grants, we look at all that, that kind of works out. That’s why lots of times, when we go after a grant, we go after this kind of stuff. Because that’s usually she ranks it. Its kind of funny that you were saying that because I did some checking today. And. Councilman Snyder said basically what it boiled down to was, based on the discussion here at the council table, if we weren’t putting in for a skate board park, then this is what we need to go for because there are more chances to get funded. And just using that little outline there, we can maximize both the CDBG, the DCNR and Mike Waugh’s grant. Councilman Myers said one thing, that she said something, hence how you word it sometimes, then maybe you’ll approve something that is not so desirable for the grant. If you combine it somehow. So what I did, this company also, Playworld System, they do the skate board park, they have a kit which that you can buy make a system. So. That’s just the leg work that I did. Mr. Reichard said so you are thinking of replacing the existing with another. The facility that’s out there now, that’s for younger kids? Councilman Myers said yes. What you have up there doesn’t meet criteria for, what that, there’s a, we have to have a ranger that’s certified to check that equipment, we don’t meet that standard, which that can be a liability problem. Its actually kind of funny, because, maybe because we’re such a smallEngineer’s Report(cont.) Page 27

borough, when I worked with Springettsbury, one of us would take around our insurance company and ask them first place we would know, all the parks. They’d say, hey that swing set is getting a little old. Because they are looking at the safety regulations because they are going to be coming to bat for you. I guess since we’re so small that doesn’t happen here. Councilman Snyder said they have in the past. I remember getting gigged on having nuts or bolts, exposed. The secretary said I think they don’t do it yearly, maybe every three years. Councilman Myers said another thing, these are on a state contract. We can buy on a state contract. There’s no bidding, you can buy the kits right off the state contract. The second thing, there’s probably a guy here that knows how to put them together. They are quite the project to put together. Councilman Snyder said the only problem with that is, I agree that’s a good idea, cause you did with the current system that you have up there. You have that sixteen thousand dollars for overage, cause when we tried to put that one in we hit all kinds of rocks. And then of course, we had to get an engineer out, to preplan where the holes were to be dug, then when we hit a rock then we had to move the whole system over, then we got to an area where it wasn’t level, then you had to do site leveling. Easily just having $16,000.00 as left over money. Councilman Myers said there’s probably a way you can get that built and in that time period. Most of the time we do our own, I know Dana even said that one thing that he is going to be requesting from council is park benches. Cause he said with having that play area over there, for the younger kids. He has to on a routine basis has to move the picnic tables back over because the people have no place to sit to watch their kids. Let’s face it that is designed for the younger kids. It makes sense. I priced the park benches and there like $600.00 each. Councilman Myers said we have the aluminum ones, we actually made our own becauseEngineer’s Report(cont.) Page 28

it was using our money. What we could do is , by advertising a little bit, have someone to make them and have someone have a memorial bench for $500.00. Councilman Noll asked do you concrete those in? Councilman Myers said yes. There aluminum frames and we use wood, its made for two legs, but we put three legs in it. It works good. Councilman Noll said I’ve seen that. I think the biggest thing is to see how we can get the most money. And then to shop the heck out of this thing which I think is possible. With the people that you know and I know, contractors and suppliers and all sort of stuff, put it out for general bid. I think we can do a lot. But we first have to figure out how to get the money. Councilman Snyder said and that’s why what I proposed there, based on the conversation I had with her, she said we would maximize, if you’re not putting in a skate park put in what you originally presented to us and modifying it to include equipment upgrade would maximize that because is geared towards low to moderate income. Councilman Noll asked when we say equipment do we have to specify what kind of equipment? Councilman Snyder said no. Councilman Myers said you can do what you want, on state contract. Councilman Noll said, say supposing we get fifty people at that the next council meeting that say they want a skate park, we can do equipment upgrades that equipment could be a skate park. Councilman Snyder said it could be. Councilman Allar said a couple things, what we would put in before did have a skate park in it. I know we had it in. The reason, the storm water wasn’t in, I am referring to resolution 2008-03. The park improvements will include, miscellaneous building repairs, bathroom and pavilion ADA upgrades, replacing all old wiring within buildings, ADA accessible trails to bathroom and pavilion, parking lot improvements andEngineer’s Report(cont.) Page 29

establish a skateboard park area. That’s it. The borough engineer prepare a CDBG block grant for the following. Councilman Snyder said I signed that, after the meeting, I wasn’t even at that meeting. Mr. Reichard said I’ll take responsibility for that, we intended for that to include the storm water. The application that was prepared had storm water, the estimate that we gave you last month, we were planning on putting the storm water in. I just didn’t put it on that paragraph. Really the resolution, only had to say, we authorize the borough engineer to submit an application so we sometimes we write additional detail, in this case we didn’t include all the detail. Councilman Allar said this is what I had. You directed me to get together with Davidson, therefore it wasn’t on there so I didn’t bring it up. There’s again, I’m not sure why we are concerned about the storm water, there are least three or four other permits within the township. This is going to be the first and only chance for the county or state, we’re going to put a big chuck of it to storm water control. I know Mr. Strobeck is talking to them about expanding that little holding pond down by the road. When were having that problem with Park Alley, Pete wrote that memo. Downstream land owner. Except when you change where the water is flowing, its now flowing over Rexroth’s property, its flowing a lot more towards the north or something, so that’s one. There is actually legal basis to sue him, it’s a cause and affect. This happened after he did what he did up there. The biggest problem is, the biggest reason not to do it, is he is going to do it. He’s going to something up there. He’s not going to be paying between taxes and not to mention he’s out about 20 grand for engineering for the rezoning. If you remember the plan he recontoured that whole mound so it didn’t come down through Yoe. So we spending money on someone else’s storm water and they will fix it anyway. It seems we could use that money for other things. When people look at a town there is a lot of criteria, one of them is taxes. And we get an F on that.Engineer’s Report(cont.) Page 30

We are sixth out of 72 municipalities. We’re getting close to York City in total taxes, and its not because of Dallastown. So taxes are one issue, recreation is another. When you are dealing with recreation, everyone’s got swings, you have to make it safe. I think there’s enough money in there to do all that. I’m tying to put reason to this thing, everyone is saying we don’t want skate boards, and we’re all smart people, we have responsible jobs. At least three people came out, no skate boards, I’ll never vote for it. If we have a vision for the town, I’ve been looking for the article Sam, a couple years back, when we talked about that grant and how the skate board park would benefit Yoe Borough, remember that. It was going to be part of the revitalization of Yoe Borough and change the borough, turn the borough around. Councilman Snyder said I do recall Tom, the reason I said that is because council said, even from the beginning council couldn’t agree on the skate park and originally it was, lets put in for it, because we don’t know what monies we’re going to get, and get the conversation moving so we can get on with life and just get the project going. Because at that point we didn’t have any contract. I was quite adamant right at council, right from day one, I personally don’t like the skate park idea. But because council decided, let’s keep it in because maybe it’ll bring in more money. Because we can always take it out but don’t have to build it but if we don’t put in for it, we don’t get the money. So its like, using that logic, let’s keep it in and let’s try to get all the money we can. So when I go to the paper, I have to sell what council’s decision is, I’m not going to sit there and just give my opinion, I do that at the council table. Councilman Allar said but for whatever reason, you were right, you were keying on vision. One way to turn this town around, except for you perhaps, I don’t think any one realizes what a financial jeopardy we’re in. We’re not just treading water. We’re sinking. Two tax increases in three years, we’re sinking. There are sheriff sales, property values willEngineer’s Report(cont.) Page 31

go down, because there going to have to be balanced with the increase with taxes. So that means when the property values are down, we are going to less monies coming in. Does anyone here, our police services are not going to go up next year? Does any one think our trash collection isn’t going to go up? I’m working with three other municipalities, and we will try to get one contract, its still going to go up. So we either tax, that’s clearly saying we can’t keep doing that and the only other headline we’re going to have is that we’re number two next to York City. We try to get more money into Yoe Borough. The skate park we can make money on. It can bring tens of thousands into Yoe Borough with the skate park project. If you don’t like I don’t see anyone else bringing anything onto the table. All we do is keep spending and each year, maybe not next year but the year after, a tax increase. There’s a lot of advantages, but no one wants to listen to the benefits of one of these. I’ve talked to many, many other communities about it, that have benefited their community. Everyone just jumps to the conclusion that there’s going to be crime, there’s going to be increase in insurance. Councilman Noll said I think my whole opinion of the whole thing is if we had a solid foundation up there for a park, this is kind of a roof we put on top to make it look really good. Right now we don’t have alls, we barely have a foundation, there’s a lot of structural problems to fix up there. We’re here and a skate park is up here, and we have to get the park up to this level. I’m not saying that ultimately a skate park something like that, may not be beneficial, we’re talking down the road. We’ll be bringing the park up to that level,and solve some fundamental problems up there. Councilman Allar said there won’t be a second chance, we will exhaust the county, exhaust the state, and won’t have any of it. Councilman Crull asked does anyone know where there is a skate board park right now that was there four years ago and its still there now? Councilman Manns said I can get you that information. Councilman Allar said the one in Litiz, was actually started by two police officers.Engineer’s Report(cont.) Page 32

Some people think its going to bring crime in. Two police officers started it. There’s nothing in York County, this would be the first one in York County. There’s no municipality’s in York County. Councilman Snyder said look, the only reason I brought this up was because I agree with what you’re saying Tom, we do have to watch what we’re spending on taxes, we can’t afford to continue bash people. When I hear the program coordinator, if they pick and chose because the program is over $100,000.00 and a skate board park is not yet funded because we can’t justify that its only going to be used for low to moderate income people. Then I’m looking at and say okay, we can maximize that grant money but putting to what its best for council saying we don’t need to put the skate park in. Councilman Allar said we’re talking to the same people at the county and that’s why I was breaking this down into different years. Jason, you had this worked out. Mr. Reichard said yes, in the application. Councilman Allar said the first year, is only a little over a $100,000.00, it fits the criteria, and then it goes into other years. Councilman Noll asked what’s our likelihood of being funded on, everyone is saying we get one chance at this, and we’re talking about a three year fund, is there any chance that in years two and three that we’re even going, say we get $100,000.00 the first year, is there any shot that we’ll see any money. Councilman Allar asked you mean the second and third year? Councilman Noll said the second and third year. Councilman Allar said what this is, is a three year submission. And they’re going to review this every year, in that three year block. Councilman Noll said I guess my question is, everyone is saying we get one shot at this, it seems to me that if they fund us a pile of money the first year, we’ve taken our shot and we’re not going to see the same year in year two and three, little to none. Councilman Allar said no, when we send in a three year plan, they get allocations for each year. Councilman Noll asked Mr. Reichard what has your experience been? Mr. Reichard said well, my experience is, its like Sam said, they like to pick projects that are $100,000 range and in thisEngineer’s Report(cont.) Page 33

case this is Yoe Borough’s project. How we earmark the money, I think its independent of them obligated. In this case we tried to split it up, I need to look at a little better. We put more money in the first year, if we get that money great. The second year, its not as much and it just fine tunes and we get it out for bid and we get it that would be great. But generally, every job I’ve done, its been in multiple years, its been around $100,000.00. Councilman Noll said its just that one shot, and they don’t seem to get funded? Mr. Reichard said it’s kind of rare because most of the projects are bid and you have a contract to do, it has to be somewhat unique that you have a second year come into play and you get an additional $50,000.00 that can be used towards that job or its just compiled to another job. Councilman Allar said they do have other municipalities that put in two or three year plans, the next year their name will come up and that’s why they have it broken down, phase two, phase three, that’s why they do it. If they’re going to say, oh well, we’ll only going to give you phase one only. Why don’t we try to say, what do you want for phase two, for phase three? Sam said it, we’re looking at 100,000 break points, a million dollars of what they want to spend for this year. There’s another allocation coming next year. Councilman Noll said I guess what my question is, and I don’t disagree with it all being in one year, but just asking what the likelihood is of getting any money the second and third year. Mr. Reichard said my personal and this is kind of why, they’re basically are saying we’ll willing to give Yoe Borough $100,000.00 because they have a project that is earmarked for that money. We have to justify, in past years, we had a significant job that the borough needed, and they went beyond that, and gave us $500,000.00. Councilman Allar said they approve the project, and if its applied for, that project is approved, they’re not saying you’re going to get everything you asked for, but they will give over the next three years. Councilman Myers said I agree,Engineer’s Report(cont.) Page 34

that they’ll less likely fund that. Councilman Noll said I think they won’t go past the scope of $100,000.00. Mr. Reichard said that theory I mean. Councilman Myers said we’re sitting here as good stewards for Yoe Borough okay. I’m not say I’m for this but if we’re sitting here as good stewards of Yoe Borough, we just beat us up about our taxes, and looking at that mileage rate we just had, then we should just become a village and be part of York Township. Then your taxes are down and you just did your taxpayer what you wanted to do. I’m not saying I’m for that I’m just saying I love Yoe Borough but I’m saying if we are good stewards of Yoe Borough, then you need to look at it. Councilman Allar said let’s continue that thought, if we are good stewards of Yoe Borough, why don’t we put some thought into this vision I’m talking about, in ten, fifteen years, what do we want it to look like. What is going to attract people into this town? We know there’s a budget crisis we don’t even talk about it, accept when budget comes around and then again, I guess we have to do another tax increase. This is serious stuff. I don’t care if there is a skate board park, I really don’t. I’d like to see something for the kids, something different than what we already have. Yes, upgrade and repair what we have to repair, how do you make the town different, how do you attract people, how do get people to want to live here? Not by doing someone else’s storm water. We’ve got to be different. I’ve already talked to two editors of the newspaper, they would love to do, headline, I mean front page, pictures, putting Yoe on the map of how we’re turning, not just one article, a series, on how we’re turning Yoe Borough around. Right now, half the town doesn’t know where Yoe is, the other half doesn’t want to live here. Councilman Snyder said the problem is, and I agree with a lot of what you’re saying, but you keep saying why worry aboutEngineer’s Report(cont.) Page 35

the storm water issues, you also said about the taxes are too high. But what good is a skate park going to do, when the thing gets flooded out. We already know have a problem with Philadelphia Street, we need to take care of this issues. You say well that’s going to be taken care of in the future, when? I guarantee you the minute Rexroth comes in here, to put any kind of land development plan in, we’re going to have so many residents sitting in here, they’re going to say, we want you council to fight. Regardless of what it is unless its single family unit homes, we’re going to be fighting Rexroth and we will hold him up like we did last time to keep anything out. So what happens is that water continues just pour down and pour down and now we got to worry about redoing a street. Okay, you just mentioned we don’t have money. Okay, we’ve got to keep our streets running so the people who want to live here can get out. I mean we have to prioritize some of this stuff. This has been our project from day one. I just brought it up to council’s attention, because I don’t think council knows that it was taken out. And when I heard from Joiann and that would get funded. So what are we suppose to do about our roads? I mean we are worried about putting in a skate park that is going to be floating down Philadelphia Street. Councilman Allar, Sam, we’re putting it at the tennis courts, the tennis courts do not get flooded out, the flooding at the skate board park is not an issue. Second, we haven’t really put pressure on the authorities, Conservation District, Chuck Noll and the commissioners to try to get to get up there and get this guy to keep it up as his property. Or it maybe as simple as having Joe Strobeck, having him cut that little holding area another foot deeper. Problem solved. Councilman Myers said the only thing, I guess, I understand what you’re saying but, I’ve got water issues and I work for the county and I can’t get these people to do what you’re just saying. In their own park system, I have issues there all the time and you go out and fix them, when you have major wearing. And I go to Spring Garden TownshipEngineer’s Report(cont.) Page 36

and say we have a major issue here, York College has this gigantic pavement they put there and stuff, wipes out the rail trail and the township says let’s sue them. York County, they can’t help. Councilman Allar said a simple solution was calling Mr. Rexroth up and have him sit down and talk. I bet 80% of problems are solved in that manner. Councilman Crull said you can’t talk to that man. Councilman Allar said a lot of people tell me different, he’s a smart guy and he realizes that even the water running through Yoe and complaints are not going to help him. Councilman Myers said I agree he is a smart man, and I’ve dealt with him one on one. I remember him telling me one time, he’s not going to nothing if its not going to benefit him. Now that’s a work for you, because if it gets rid of the complaints its going to benefit him. Councilman Snyder said that’s what he tried to do with the high index, high density housing, we’ll take of your water problem, if you let me put in my 84 homes back there. Councilman Noll asked is there any mis-logic and I think we have a two pronged approach to this, if you put the money in there for storm water management, I think we can actively try to solve other avenues. One way or another this problem has to be solved. CDBG comes in and they like that, that’s what you’re saying, they give us money for it, if we solve our problem, that money is now available can we redirect it for storm water management. If we show them well unbeknown to us at the time we put this in, that the land holder up above us saw the water problem and you gave us, what position does that put us in? Mr. Reichard said that falls back to the same scenario, you have to get it approved. Councilman Allar said that’s what I was saying before, we don’t know what the heck he’s going to build, we’re just trying to get the money. And they were telling me that there are funds to pay for it. Just like they’re telling you. When you’re talking to Joiann Galiano, she will tell you yes, to everything and you know that. So when we get the Engineer’s Report(cont.) Page 37

money, and if we ever get some citizen participation in this town, we might find out what they really want. And in that point of time, its still going to be probably end of this year, we have at least six months here, we might be able to resolve this storm water problem. But then if we take the skate board park out of course, then we need to put it back in. Mr. Reichard said the only challenge in that case would be, say you get the storm water problem solved and there’s $40,000.00 sitting there and you want to redirect it to something, that’s now going to go to everything else that’s short listed, so if there’s another project that the forty thousand can be used for that will have a greater benefit to low and moderate income. That’s the only risk you run. Councilman Noll asked so you have to reapply? Mr. Reichard said more or less. Councilman Noll said say hey we didn’t use it for this, unbeknown to us when we filed, it was solved? Councilman Allar asked Jason, do you remember that plan I gave you from the county, the county plan that went out in 2009? Mr. Reichard said the short list funded plan. Councilman Allar said it was all short list funded, remember what are our short list one was on there? Mr. Reichard said the gabion. Councilman Allar said no, come on I gave it to you. It was for the skate board park. Mr. Reichard said I didn’t remember. Councilman Snyder said yeah like I said when I talked to Joiann Galiano today, she was surprised that storm water was taken out. Cause she said that would have been a given. All I’m trying to do, is to do the exact same thing, Tom. I’m trying to maximize the amount of money we’re going to get. And when I’m looking at Dana be coming in next month saying what are we going to do with all this playground equipment how are we going to upgrade the pavilion itself, we already got this grants in place and she’s saying that, that stuff would likely get funded. It’s like if we’re not going to through with skate board park then we put that stuff in now. We put itEngineer’s Report(cont.) Page 38

in now because she’s saying that’s what they want to fund. So we’re maximizing the amount of money that we do have. Councilman Tom said now the playground equipment, how much for that? Councilman Snyder said around $40,000.00. Councilman Allar said okay $40,000.00, are we talking about storm water outlet? Councilman Snyder said whatever Jason. Mr. Reichard said 38. Councilman Allar said it’s the whole way up to 38 now? Councilman Noll said you can be rather creative with your storm water management. Mr. Reichard said we have to pipe in, its piped the whole way down Philadelphia. Councilman Allar asked what’s the pavilion? Mr. Reichard said the pavilion, we had $22,000.00. Councilman Allar said now a lot of that. Mr. Reichard said that’s rewiring and miscellaneous repairs. We modified numbers since. Councilman Snyder said I was going off of what I had. Mr. Reichard said its on the engineer’s report then Tom and I worked on the numbers. Councilman Allar asked and what other issues are there? Mr. Reichard said do you have the application? It would be on the one sheet in front of the photos. It’s the first sheet in front of the pictures in the back. Councilman Noll asked how much description do you give like storm water management, or do you just have it as. Mr. Reichard said well that’s out. Councilman Noll said well if you would put it in, do you have spell out what exactly you are doing right now. Mr. Reichard said we had it in, it just described the situation in that collection system that we used to reroute the water and bypass the park. Councilman Noll asked so you could use that on any other storm water problems throughout the rest of the park. Mr. Reichard said well yeah. Councilman Noll said what I’m asking is, if we make this more general where we know what we wanted to apply, could it be used for stabilization other places for better use of this money to solve it that way if we don’t use the money, God knows we can do a lot with that kind of money with all sorts of problems not in just that oneEngineer’s Report(cont.) Page 39

area. You’re losing the back side of the park because you’ve got the plants up there. You’ve got no soil up there, you’ve got old growth, trees with none coming back in. Councilman Snyder said that’s why I say, you put something like that in, soil and erosion control. And you work some numbers up and he gets you some ideas put it in and make it a generic overall the whole park. It can apply for the whole park. And that’s why I said using a plan like I just roughly came up with, that’s still gives a $16,000.00 buffer that if we don’t overages, if there aren’t any extra fees. Hey you can apply that to any one of those categories. Councilman Noll said because I’m sure you, you brought any conservation, storm water, its not just that one area, if we can get someone to solve that for us. Mr. Reichard said the argument still needs to be, that by the CDBG program funding its going to directly benefit low to moderate income. In this case we were able to put it because the drainage is impacting the borough residents. See the water on the public street. Councilman Allar asked Seth, on the restroom, some of that has been done. Rest of that stuff another $10,000.00? Mr. Reichard said $27,500.00. Councilman Noll said when I did the estimate I did it as if they’re no in kind contributions, you had to go out to hired contractor A to come in to do the project start to finish. That’s where I got that figure. Councilman Allar said if we’re going to get down to real numbers. Councilman Noll said you’re probably eight to ten thousand dollars, which are toilets, we dropped off toilets, grab bars. Councilman Allar said I don’t want push on this but do we have a 50/50 chance of maybe getting Kinsley back to maybe help us this fall. Councilman Noll said if we have some money left to throw at them, we could. Councilman Allar said we’re still going to provide materials so maybe that we could reduce that down to let’s say $80,000.00. The ADA, remember when we were talking, we were actually trying to make up money, to get to that $100,000.00. So we were talking about the ADA trailsEngineer’s Report(cont.) Page 40

we added, we said 22 is way too high. And you know, you said something like 15. Mr. Reichard said I did, it hard to upgrade. Councilman Noll asked was that for the bathroom trails? Mr. Reichard said well yeah, well, they want to see DCNR on their side, they’re going to want to see inter- connection of facilities, so we’re actually looking , to run a trail from the basketball court area out and across and over to where the pavilions are. Councilman Noll said and that doesn’t have to be paved, it can be pressure. Mr. Reichard said trail mix. Councilman Myers said that’s a pretty good grade there to get up that hill. Mr. Reichard said its not that bad. Councilman Myers said is that right, the whole way to the bathroom. Mr. Reichard said well down to the back. If we were able to get 5%. Councilman Myers said you were able to get 5%? Mr. Reichard said there’s grading, we’re going, water runs up there. Councilman Noll said once you apply for something, you get into ramps, rails and rests. Councilman Myers asked what about water runoff? Councilman Snyder said I think that’s what Seth was getting at, if we put in for storm water runoff. Councilman Myers said you’re going to have control it. Mr. Reichard said pretty much, we’re not going to be generating much more than what’s out there. Look at the site that’s out there now, its pretty much stone and gravel. Councilman Myers said but now you’re going to be digging in the ground creating a trough. We just experienced that, it doesn’t work so good. Mr. Reichard said its not, this is a concept plan, we’re just running rough grades. I think we can make a lot of it tie together. Councilman Snyder said I guess the point is with all this, I’ve heard before what I got was a consensus of council that we didn’t want a skate park. We’re having engineering dollars being spent on stuff like this for a skate park and basically Jason came up with a comment. And basically Jason came up with a comment, of well you’re either putting a skate park in or you’re not. I mean let’s actually go after money, that a project that we actually want to do. Councilman Allar said when I am adding this up here, you may want to check the math here. We’ve gotEngineer’s Report(cont.) Page 41

playground equipment for 40, we’ve got storm water for 38, we have pavilion for 11, the restrooms we know have to get done at 8, parking for 8 and we’ve got the trials for 15. Now that’s a 120. What do we have to work with, we have a 70 thousand DCNR grant, we got a $100,000 CDBG and we have $25,000 from Mike. That’s a $195,000, we have $120,000 counting storm water. That difference is $75,000.00 We could do the skate park. Councilman Noll said the only thing to, you’ve got Kinsley coming in, once this becomes a project, we have to be very careful because that $25,000.00 becomes part of prevailing wage and that’s going to keep costs up. Councilman Snyder said all I did, I handed Jason, I took the figure that he was presenting to council, modified it. I heard Ron say we don’t want a skate park, Barry said we don’t want a skate park, I said we don’t want a skate park, Seth said he doesn’t want a skate park, George? Councilman Allar said well I know because. Councilman Snyder said just wait a minute. George? We’re at this point Tom, the decision needs to be made tonight because guess what they’re making their decision next month, so the point is, we’re now to the point where we have to present them with our project list and what I came up with was saying look if we’re not putting in a skate park, then lets put in stuff that they said that they would fund and get funded quicker than a skate park. And we know we have to put this money into the park. Councilman Allar said I think that’s been shaded a little bit because I had the same conservation with the same people. Councilman Noll asked can we prioritize monies something like that, if people want to look at. I’m not saying that we do skate park, that our priorities are shifted around. My feelings,we don’t have a strong foundation to do some of the basic things. Councilman Snyder said she said, what her exact words were to me, she said if you want to use, put this stuff in and it would be funded. She said the skate park, you’re going to have a hard time getting through because you’re not now catering it, and he’sEngineer’s Report(cont.) Page 42

even talking about making money off it, you’re not catering to low and moderate income therefore it doesn’t fit the CDBG criteria. She said if you want to use this money for CDBG and you want to use your entire DCNR for a skate board park, by all means do it. Because what we are looking at, is CDBG money and CDBG grant. What you do with your DCNR money is up to you. And all I did, I came up with, knowing what we have to do with upgrades with equipment, upgrades in the kitchen. I just roughed up some figures that if we were not doing a skate park these are some viable options to maximize all three grants and have $16,000.00 to play with. Councilman Allar said if I can get you and you and John, because I know he’s against it in a room for about an hour and give you some facts on what’s happened in other communities, without you guys jumping to conclusions and prejudging. Councilman Manns said its more than the three of them. Councilman Myers said its not just because of the skatepark. Just cause you say the skatepark, so what. Councilman Manns said it’s a couple of things, you talk about baseball, you talk about football, there’s a couple of things. Councilman Howett said well guys, it may be, but just Seth was saying, if we don’t get the park in decent shape, it doesn’t matter what you build up there, you’re not going having a facility for parking. Councilman Allar said we already got that, we’ve got the parking. we’ve got the storm water, we’ve got the pavilion, we’ve got the ADA. Councilman Howett asked where is the parking? Councilman Allar said its in there. Councilman Myers said I like the plan, the plan looks nice. Councilman Allar said we want to do something different. Councilman Manns said one was paid for in five years, its been there thirty. We have two facilities that are basically used, basically rotted. The basketball is used very rarely. Councilman Snyder said I don’t know, I just saw a kid walk from Blossom Hill holding his basketball walking up the court. I live by it. I’m telling you,Engineer’s Report(cont.) Page 43

almost every night playing basketball, talk about one of the things we could add in there is to upgrade the basketball courts. The point is, there is so much we could do with our existing facilities. You go out and look at Springettsbury Township, that place is packed with people. All we have to do is mirror something like that. All that is upgrading our current facilities and that park is packed. Councilman Myers said just keep in mind, I don’t care what it is, when you have something successful, you got to spend, you’ve got the money, its going to cost you. In maintenance. The problem is, I don’t know what your reason is, you’ve never talked to me about, yet you want me to go ahead and vote for something, I don’t see your vision, I don’t see neither one of your visions and I visited state parks too. So what. Ocean City, Timonium, so what. They have their skates. Councilman Noll said Sam, to move things along is it possible to look at things this way, I think a lot of council agrees there are basic things that we have to do up there. Can we do that in year one and then look at year two, three once we have the basic things in line up at the park, get the money and get them built. And then maybe look at these things in year two and three to try and get the money because we obviously need a lot more from the` community. Because basically, no one from the community has come to talk to us. Councilman Myers said right. Tom, do we have to say, we don’t have to say what we want there. Can’t we just be vague. Councilman Snyder said as far as play equipment, yeah. Councilman Noll said cause we could request more equipment in years two and three and that. Mr. Reichard said in the initial round, you’ll get. Councilman Myers said I’ve said this, I don’t agree with the skate park, however, I don’t have a problem that we can make it vague and maybe do a little bit more research, so he can tell me how he can get the money. Councilman Allar said, well Barry, what do you have against it? Mr. Reichard said here’s the deal, we have another grant, DCNR grant. We’re up against the wall and I need to marching orders. We originally guys, said to move with this, that planEngineer’s Report(cont.) Page 44

right now doesn’t have a skate park on, it has two words that say skate park, that’s it. I’m at the point where that needs to be filled in and show the layout for the park and start to pull this together, if you guys want this thing to happen on the DCNR side. Councilman Snyder said that’s what I’m getting at, he’s spending more and more engineering time, putting together a skate park which I’m hearing. Councilman Allar asked what does it take to put together a skate park? Mr. Reichard said I’ve got to put a plan, we’ve got to bid this thing. Councilman Allar said you’ve already have the numbers. Mr. Reichard said so that’s what he’s referring you. Councilman Allar said so what is that you have to do, they’re going to do engineer the skate board park not you. Mr. Reichard said its going to be put on that plan right there and its going, because its for DCNR. That’s the plan he’s referring to. Councilman Allar said so why make a big deal of it, its not a big deal. Councilman Snyder said we’ve discussed this now for an hour and a half, we can take a roll call. I ‘ve heard Ron, I’ve heard Barry, I’ve heard George, I’ve heard Seth, I know myself. That’s five to two. All I’m trying to do is give an alternative that we can maximize our monies and keeping that stuff in there if we’re not going through with the skate park which at this point I’m looking out for Yoe Borough residents, you know to try to get people from York and all over, to say we’re going to get this big facility. Right now we’ve got 100 kids up there using fifty year old equipment, right here is a way to maximize what we’ve got so if this is what we’re going to go with I think we need to make a motion, amend the resolution to amend the CDBG grant to move forward with the project. Because otherwise we’re going to just spend more and more time talking about skate park of which I hear five to two is against it. So why do we keepEngineer’s Report(cont.) Page 45

bringing it up. Councilman Crull said I make a motion that we forget about the skate park and to amend that resolution for the CDBG application. Councilman Snyder said you will be able to draw, like she said it has to go like ASAP if we’re going to get considered for it. Mr. Reichard said we’d have to revise the application, and a cost breakdown. Councilman Snyder said but you could get the resolution in and say that’s forthcoming. The secretary said I could call you with the number then. Mr. Reichard said you’d have to authorize me to sign it to. Councilman Snyder said but you are going to draft it. Mr. Reichard said it would be the same resolution, we would just edit some of the words. Need a new number. I think you need to take directed action. Councilman Snyder said we have a motion on the table. I wanted to make sure that we had ducks in a row that you can do this, again we’re under the gun. Councilman Noll said we need a second to that and then final discussion. Councilman Snyder said do I have a second? Councilman Myers seconded the motion. All in favor? Councilman Myers said you’ve got to discuss it before you vote for it. Councilman Snyder asked is that what you want more discussion? Councilman Noll said the only thing I would say, do you have a problem that so that maybe in the future that we could look at other alternatives, including some kind of equipment in years two and three of the CDBG grant. Councilman Allar said first of all, the plan, the due date of that outline needs to be approved. Second of all the DCNR grant is done of the first year and the $25,000.00 so that’s done. You’ve not going to have money at the second and third years. Councilman Noll said the only reason I asked was earlier you said. Councilman Allar said you’re look at 25 or 50 tops CDBG in the second year and part of that is going to your ideas. Mr. Reichard said I think you’re saying pull out those ideas into, all those safety. Councilman Snyder said with upgrade of the equipment, of the pavilion. Councilman Allar said you can useEngineer’s Report(cont.) Page 46

Seth’s idea. Councilman Snyder said we were over a 100 right of way, those figures came from a project of $178,000.00 but we were only requesting a $100,000.00 from CDBG because that’s the cut off. With adding $70,000.00 from DCNR that leaves us $8000.00 short. With the $25,000.00 from Mike Waugh now we have a $16,000.00 surplus. So yes, those things can be included. The upgrades to kitchen can be included, anything in there for equipment upgrade. The whole point was, we kept pushing and pushing for a skate park trying to get money, now they come back and say guess what if this truly what you’re going to do, if you’re , if it was reported, we’ll get the skate park in and then we can always rearrange the money. Well guess what it doesn’t work that way. It doesn’t work that way. Councilman Noll said what Tom was talking saying earlier. Councilman Snyder said because she said. Councilman Noll said what we talked about is that we had good opportunities for years two and three and now I’m hearing we want to put that equipment in there two and three so we have none. Councilman Snyder said exactly because she said was, you could do that, I’m just basing off the conversation I had, and the only reason I had this conversation was because when I read over these minutes and I saw that got omitted. I thought council doesn’t know that, that storm water got omitted cause that was in there from day one. And when I talked to her and she said. Councilman Allar said the resolution, that’s why I went there. Councilman Snyder said yeah you also Tom, you know what the discussion was, what I read made it quite clear I keep seeing skate park, we don’t want a skate park. Councilman Allar said its your signature on. Councilman Snyder said because he presented the thing I had to sign it because I was told that this what you need to do because you weren’t. Councilman Allar said I see the resolution and I see the signature. Councilman Snyder said anyway. Councilman Noll said my only point, is that if we can look at the equipment

Engineer’s Report(cont.) Page 47

in years two and three. Councilman Snyder said my point was Seth. Councilman Manns said the only thing I would really say is we’re really cutting off, regardless of the funding, regardless of the block grant, the block grant made it quite clear, we’re not blazing new trails, and that’s fine. Councilman Howett said not if we’re upgrading. Councilman Manns said its old equipment George, its not going to take. Councilman Howett said look at the stuff we put in down at Rudy, when we upgraded that old wooden thing, I mean, now we have people coming from everywhere to get into it. I mean, just saying, I’m not saying I’m against the skate park either. Councilman Allar said its not an either, or, we have, if we upgraded the equipment,we’d be done. As far as the building, we can put in a Cadillac edition, there are certain things for safety reasons we’ve got to do but that building, is used from May to October. Having an a #1 kitchen doesn’t produce any more rentals. Councilman Snyder said no, what it will able to do is be able to charge from $50.00 up to $100.00. Because people don’t want to pay for what they already. Councilman Allar said well maybe, or maybe they’ll go elsewhere to someone else. Councilman Myers said honest to God, we’re charging $50.00, that’s a good deal. The secretary said we’re charging $105.00 to rent the park. Councilman Allar said if we charge that now. Councilman Snyder said but what are we getting, 60 bucks out of it. Councilman Myers said that’s a good deal up there, cause they’re getting the services. Councilman Snyder said Ron had an excellent idea to get money in, with having that property down there, to quick claim it and sell it off as parcels. The only reason why we’re not sitting on extra $120,000.00 is because the rail trail came through and we’re just waiting to see what’s going to happen with that. I mean there are other options out there. Councilman Allar said that property, I’m going to make sure that property, if it comes available , that we go for it, of course you’re not going to get $150,000.00, I don’t care what that real estate rule is. Councilman Snyder said okay, the motionEngineer’s Report(cont.) Page 48

has been made and seconded. In favor: Councilman Noll, Councilman Snyder, and Councilman Howett. Opposed: Councilman Allar and Councilman Manns. Councilman Snyder said motion carried, so be it resolved. Mr. Reichard said then I will amend this application according, resubmitted to CDBG and York County, and their action will be to contact to DCNR to figure out what situation is going to be. Councilman Snyder asked Seth, is there any way, I know you worked some numbers before when you were working with Tom. I know Barry has even had a book here for park equipment. Is there anything that you are going to need that you can ask them directly, to say I need this to get this done? So we meet our deadline. I think we need to work up some numbers to work up numbers that we need. Mr. Reichard said everything is the same. Councilman Snyder said when we’re changing park equipment and upgrading the pavilion, cause like I said, Dana mentioned about, you would come in handy for that, you know what’s needed up in that kitchen area, counters, cupboards, I think Gail said about the flooring, stove, refrigerators, if you need any. I just threw those figures together because I just happened to see it, and said hey this would work because if we keep to $100,000.00, we’ll have $178,000.00 project, but we’re only requesting 100. So I came up with figures and said, whether $40,000.00 is enough to upgrade all that equipment, I have no clue, I about died when I saw what Dana wanted. He said I was going to come and ask you for about $10,000.00 over the next couples years because that equipment needs replaced. Mr. Reichard said I’m confused about one thing, you had $40,000.00 in equipment upgrades. You had $44,000.00 for health and safety improvements. Councilman Noll said that was probably all ADA related, wasn’t that for the wiring, I’m not sure. Mr. Reichard said well we have the pavilion, we have rewiring and miscellaneous repairs $22,000.00, restrooms at $27,500.00. ADA trails by themselves, $22,000.00. Councilman Noll said with the ADA trails, that would help us get us to $44,000.00, $45,000.00. Mr. Reichard said so that $44,000.00 is phase two. Councilman Snyder said well no, what she, I’ll tellEngineer’s Report(cont.) Page 49

what she told me, she said that ADA trails, won’t get funded, They have to be preexisting to make it ADA. She said what you could do is use that money, like that DCNR that you still keep it in project, but she said its not going to get funded, if you ask for this through CDBG, she said and its over $100,000.00, we’re going to pick and choose and we have criteria that we need to meet. You have to look at them as two separate grants, but you’re using them together to fund one big project. She said what doesn’t fit in our grant, she ` said you have the other grant for so basically I was looking at, okay we’ve got a $195,000.00, and that’s what I came up with. I figured because I knew Seth, was talking and he had some ideas. I mean Dana just gave me some quick figures based off of, two swing sets, the sliding board and the merry go round. And I figured once you get some site prep,in there, you can easily get $40,000.00 in those four pieces, just to put them in. Mr. Reichard said alright, I have a list of everything you have, the breakdown. What I’ll do, let me go back and go over these numbers, and make sure it all works. My first step is to just update this, second step is we’ve got to get a hold of DCNR, and make them of aware of the situation, of what we’re amending the grant. The initial application included the skate park. To make sure that is still secure that we can use that for the rest of these improvements, which were in the original application. Councilman Snyder said which I was going to say, that everyone one of those items, is still in the DCNR grant. The only thing you’ve taken out is the skate park and you changed that to equipment, that’s it. And really the way I understood it when I talked to the person at DCNR, about two to three years ago, they told me, they said, we don’t care if you put in a half a million dollar public pool. We approved $70,000.00. So we need to see a plan for what you’re going to do for you $70,000.00 matching money. So we want to see $140,000.00 project. Mr. Reichard said okay, my next question with that, there the word equipment, I’m reading into that there is some interest into some piece of skate board equipment on the property, is that accurate? Not a skate board park butEngineer’s Report(cont.) Page 50

something that these kids can us there. Is that? Councilman Myers said this company they make systems look relatively decent. I don’t know how much they cost? They must be on the GSA state contract. I seen that. Councilman Snyder said the way that thing is set up you have $16,000.00 buffer I mean, it truly is, which I don’t know. I know the basketball court gets used, I don’t know that much about the tennis courts, except my daughter says she goes up there to play tennis, other than that. Whose to say you don’t put a couple of ramps up there. I mean what do kids with skateboards use at home other than couple of wooden ramps in their back yard. So we give them a couple ramps to play with, for God’s sake we have people going down there to our dam, and all it is one big ramp. Councilman Noll said I think its worth, look at everything else and see how the numbers are. I can’t remember. Mr. Reichard said I can’t either, I would like to have a park committee, if you have one, to help me work this thing out in detail. Because as we move forward with DCNR, once we set, two swing sets and we put a Playworld playground set in to replace existing equipment, all that has to be worked out here. Initially we can convey within the next week to get this application in for CDBG but to move forward with the master park plan in DCNR we have to bring closure. Councilman Noll said you have a spec to go by. Mr. Reichard said we’ve got to say what we’re going to do. Councilman Allar said we’ve got skateboarding planned. Councilman Snyder said I know Seth’s has been helping out in it, Dana needs to be included. I about died when he came to me. But he’s not going to be back until what did you say. The secretary said he’ll be back working on July 8th. Councilman Noll said if you want to get together next week, I know I can’t do that Wednesday. Mr. Reichard said Dana is not on council. The secretary said its too bad you can’t get a mother, or someone who has children, because they know what children like to play on. Maybe have Gail Koller on it too. Mr. Reichard said I’ll sort through it and have my initial two goals and then move on, we’ll work out the details. Councilman Myers saidEngineer’s Report(cont.) Page 51

if you need I’ll help. The secretary said I’ll help too. Mr. Reichard said we need a plan of what we’re actually doing, because right now I have a concept plan but that’s all the further it is. Councilman Snyder said we can ask Gail Koller tomorrow about being on the committee. The secretary said she might know if someone has said they’d like to see something at the park. Councilman Snyder said was that all you had for engineering. Mr. Reichard said yes.

Councilman Snyder said only a couple of things that I had. We talked about the Bowser subdivision. We did discuss the $25,000.00 grant we got from Mike Waugh. Councilman Noll asked how long do we have to use that, is that only through this year? Councilman Snyder said I don’t know, this letter doesn’t say anything. Councilman Noll said I think that would be helpful to know. Councilman Allar said we have until end of the year. I double check I think until probably I’ll double check. Councilman Snyder said when I got one for the police explorers it has to be be under contract until the following fiscal year. With this one I don’t know. June 30th. Councilman Allar said I think we have a full year. Councilman Snyder said its probably from June to June.

Letter Councilman Snyder said we did get a letter fromFrom Representative Miller, in support of our DEP grantRep. for the growing greener water shed. Did you get a copyMiller of that? Mr. Reichard said I don’t remember seeing it.

YBSA Councilman Snyder said we have a copy of the minutes ofMinutes the March 13, 2008 meeting from the Yoe Borough Sewer Authority. The secretary said I think I gave that out last month.

PSAB Councilman Snyder said we did get a PSAB alert concerningAlert the supreme court’s decision on maintenance works and how that effective with that prevailing wage thing. In short of discussed over, I did send a copy of this notice to JasonEngineer’s Report(cont.) Page 52

and to Pete and I gave one to Dana and one to the mayor just because I knew he was coming down that night. The secretary said and that’s what I was talking about last month, when I send that Springfield Township had maintenance work and they cancelled it out because of prevailing wage for maintenance on roads. Mr. Reichard said what they are saying is that the prevailing wage rates apply for full replacement. The secretary said they weren’t sure what maintenance meant, weren’t sure what they meant by that. We haven’t gotten our audit notice back yet from when Pfflum did that work, we haven’t gotten that back yet. Councilman Snyder said they tried to give us some direction as to what major and minor work is and basically they’re saying lesser or minor form of repair. Fixing potholes and basically is the way they’re interrupting it right now anything more than that on road maintenance gets kicked up into prevailing wage, if you hit that threshold. As supreme decision, at that point the only way to get around is changing the law.

Letter Councilman Snyder said we do have a letter from C.S.to Charles Davidson to Charles Noll, again acknowledging receiptNoll of a letter designating funding of $51,550.00 for the flood protection project. So that letter did go out.

Letter Councilman Snyder said we did get a letter from DEPfrom concerning, they reviewed the 2007 annual reportDEP under Chapter 94, the report is generally complete and acceptable. So we’re allowed to use the sewer.

Councilman Snyder said Dana is on vacation until the eight of July up in Gettysburg.Maintenance Report(cont.) Page 53

PENN Councilman Snyder said the first thing that he hasDOT on the list was about the streets and how he made out with PENN DOT.

Park Councilman Snyder said park, the summer adventure day camp has started. John has the prices from Richard of Perpetual Electronics for more cameras. He repaired the toilet damage at the park.

53 N. Councilman Snyder said Mr. Shearer is working withChurch property owners of 53 Church Street to comply with the violation letter. The secretary said that’s Gregory Weigle and Charlotte Sullivan. Councilman Snyder said that’s for the property maintenance. They are in the permit process with Code Administrators for the required work. So he is letting us know. The secretary said he gave them another 30 day extension. Councilman Snyder said as long as he is seeing progress on it.

License Councilman Snyder said we have one landlord that hasFee not paid license fees. Property owned by a mortgage company. That is the one that is being sheriffed. He called me on it and I just told him, we’re spend more money trying to put a lien on the property at this point you might as well let it go. Go through the sheriff’s sale and see who owns it. At that point, the mortgage company isn’t renting, so it doesn’t qualify for the rental fee. We’re only going to try to back fees, and that’s only after Ginglaweski and if she files for bankruptcy, try to get it out of her.

Mowers Councilman Snyder said he did purchase mowers andand Weed weed eaters for ARD. The secretary said its on the billEaters list and in the bill file. Councilman Snyder said he repaired the large mower and ARD mowed two weed violation properties. I do know from talking to him, I will add cause I saw him before he left money, he wasn’t suppose to beMaintenance Report(cont.) Page 54

here but he was. He said he is in the process of setting up a time with Mayor Sanford that they will be going through town and spraying the weeds along Main Street and then after they die off or get into the root system, with the poison, then they’ll have ARD come in and chop it. It was also brought to his. Councilman Allar asked who is going to spray it. The secretary said John is. Councilman Snyder said they’re going to go under John Sanford’s permit. And evidently he has a machine that you hook it up to a truck and I guess one person drives and the other person sprays. He did bring to my attention, he was going to send off to the zoning officer the property at 111 S. Main Street, Mr. Sprenkle about the tree hanging over the sidewalk in violation of our ordinance. I did remind, I informed of what transpired a few years ago, that it turns out that is a rare tree. Believe it or not, on the endangered species list. It has all the paperwork from Pennsylvania and everything, so have the enforcement letter if the officer chooses to send one out, do it tactfully. And say we don’t want to have to come in here and mess up this rare tree, we hope you would comply with the ordinance and last time he did trim it up. I don’t know who he got to do it. Once he found that out, he did say he would take the appropriate safety precautions when spraying on Main St. so no spray gets up under those leaves. So we don’t kill that off. Councilman Myers said tell me again, how we doing this? Somebody is spraying and we’re using John Sanford’s permit. Councilman Snyder said John Sanford is going to be spraying with him using under John’s permit. Councilman Myers said okay. Councilman Snyder said I am just telling you what I was told. Councilman Allar said I still don’t understand why we can’t get Dana certified. Councilman Myers said I don’t know how you can do that, you have to have VE number and John Sanford’s business VE number is probably through the school. Councilman Snyder said I think that’s how it is. Councilman Myers said so that means his category is just for school. So John wants to take that liability upon his self. CouncilmanMaintenance Report(cont.) Page 55

Snyder said that’s all I know maybe. Councilman Myers said we actually talked about that the other day, Tom. And actually I was thinking, we could probably, make Dana just a technician and work under John and I’s number which was just get a business number for the borough. We’re applicators, George is an applicator, and I’m an applicator and so is John. We could just train Dana to be a technician, that fee is only ten dollars okay, for his license. Then he doesn’t have to go to any school. Councilman Snyder said and you’re already listed as an employee of the borough. Councilman Myers said right, I just have to check on the category. Councilman Snyder said I’m just telling you what I was told, I mean wasn’t on his report, I’m just relaying. Councilman Myers said your license goes with the business that you’re in.

Councilman Snyder said that’s all he had on his maintenance report.

Note Councilman Snyder said a note was sent out to York Countyto Probation and Parole, basically thanking them in appreciationYork for cooperation with ARD.ARD

Red Lion Councilman Allar asked if Dana mentioned anything aboutMower the Red Lion lawn mower. The secretary said he used it, then something happened to it again, so its back over again. That’s all he said. Councilman Allar asked about the bill. The secretary said I haven’t seen the bill yet. Councilman Myers said its sounding like we don’t want to buy that tractor, its broken more than it runs.

Zoning Officer’s Report

Councilman Snyder said he provided a list of violations and letters that were sent out. The secretary said the number of hours he worked. Councilman Snyder said a total of 8 hours and 34 miles. So we are getting our money’s worthZoning Officer’s Report(cont.) Page 56

with going with them. Cause on average Richard was having 12 to 15 hours. This month twelve violation letters were sent out. If anyone wants to go over this, its in the folder. The last time I heard anything from him it was about the Bowser issue. I guess everything is copasetic on this part.

Councilman Snyder asked anything for the zoning officer?

Emergency Management Coordinator’s Report

Councilman Snyder said no EMA.

Mayor and Police Report

Councilman Snyder said he didn’t tell me he wasn’t going to be here. The secretary said he will need to report next month.

Secretary’s Report

Fall The secretary reported that Dallastown Fall Baseball wouldBaseball like to use the baseball field on Tuesday and Thursdays 5:30PM until dusk, Saturdays 9AM until 6PM, Sundays 12PM until 6PM from August 1, 2008 until October 31,2008. They agree to provide a certificate of insurance and they agreed to pay for the portable toilet rental this was previously approved by you in other years. A motion was made by Councilman Howett to allow Dallastown Fall Baseball to use the baseball field with conditions listed. The motion was seconded by Councilman Noll. All in favor.

Recycling The secretary said I have a copy of the recycling grant thatGrant is the joint grant with Dallastown for chipper, a new box and leaf loader. If anyone wants to see it its right, I just received it.

Increase The secretary said I just wanted to report to you, I know we talk about money and everything. I haven’t been gettingSecretary’s Report(cont.) Page 57

very many bills from C. S. Davidson but I noticed when I got the bill this month, they had a 4% increase in the bills effective when we got the bills in March. We did not receive any written notification. I just wanted to make you aware that for example, Jason’s fee went from $88.00 and some odd cents to $93.29 an hour. So that will affect your engineering costs for the year. Councilman Snyder said one thing I will say, maybe I’m not going to his defense, the only thing I can think of is why we weren’t notified is because we did pass that resolution at the beginning of the year adopting subdivision. The secretary said they went up with the bills in March. I just wanted to make it aware of it for budget so that at that time you consider a 4% or 5% increase above anything else for next year.

Grant ? Councilman Myers said on this recycling grant, we are going to have share some of this money. The secretary said she said we aren’t going to have to pay for anything at all, they’re trying to get it funded 100%.

Letter Councilman Snyder said a letter was sent out to the DallastownTo Post Office, evidently a gentleman decided to change hisPost address. Mrs. Crull said I want to verify that, when he came,Office he hasn’t been receiving his mail because he has the same address as the apartments. He asked if it could be changed and I told him it could be. And then he needed to send to Columbia Gas so they could change it. And he was going to post office to put the change in. So I don’t know why the post office needed a letter. Councilman Snyder said according the phone calls that I got,which was all new to me, it was when she was on vacation and I was playing phone tag with the post mistress, and she just said this guy came in changed his address put in a request for change of address and data management won’t accept the address change without recognition from the municipality that their allowing the address change. And I said that’s funny, I don’t know anything about. I started making phone calls. We did Secretary’s Report(cont.) Page 58

clarify it, once you got back, with Ron getting in and out of hospital. Once we knew that Connie approved it, then we sent the letter.

Bowser The secretary said we received a bill for Mr. Bowser, 105 E. Pennsylvania Avenue subdivision. Councilman Snyder said you have to call him tomorrow, I don’t know how that goes. First time under that resolution that someone’s doing a subdivision, and we recoup the engineering fees. Do we pay the engineering fees and we go after Todd or does Todd pay them direct? The secretary said I don’t know. Councilman Snyder said I don’t know. Councilman Noll said normally the municipality pays the bill because they ones that contract the engineer out. You have the power. I think its even in the MPC. The secretary will send him a copy, does Todd Bowser still live in Yoe? Councilman Noll said they should forward it.

? Councilman Crull said I have a question on that block grant money once we used that, are we going to be allowed to rent it out. Councilman Snyder said yes. Councilman Crull asked are you sure? I thought we use their money, we aren’t allowed to. Councilman Snyder said no one ever said anything to me. Councilman Crull said just like the basketball and tennis courts, at that time Gail would have been there, they said for a ten year period, there would be no way of keeping any one out of it. Whenever they want to use it, they could use it, day or night. So it would be pretty tough. Councilman Myers said I never hard anything on that. Councilman Crull said I don’t know if anyone thought about that. Councilman Noll said as long as we still have municipal law that says the park closes at dusk. There are regulations, we should be okay, that’s a secure building.

Contract Councilman Snyder said we still have to take care of theCodification codification because we wanted to wait until she got back in order to sign back. The secretary said I don’t knowSecretary’s Report(cont.) Page 59

which one is right. A motion to sign the agreement with Keystone Publisher by Councilman Allar. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said tell them, when they get here we’ll sign it, I will be here when they come down. The secretary said this the what we have so far for changes in this folder. Councilman Snyder said as a reminder to council, the clock’s ticking we want to get codification changes in, we have manila folder, I know Dan has sent some, we already talked about the one for property maintenance inspection. Any other changes now is the time to get them in so we don’t pay any extra advertisement and such. Councilman Noll said on anything? Councilman Snyder said anything. Councilman Noll said there is a typo in there, it says be no less that 35% of the lot, it needs changed. Councilman Allar said anything from Dan? Councilman Snyder said he has submitted three. The secretary said I only have one of his, its in the folder. Councilman Snyder said he said he was going to get another one. The secretary said anything from him was forwarded to Councilman Snyder. Councilman Snyder said I had him look into one about junk on porches for around here. Look, take my neighbors as an example, they have garbage bags sitting out there, they’ve got two sofas sitting out there but what’s it, its never gone out for large trash pickup so I’m assuming they want it but that’s not an acceptable looking what the image we want to present. He said well one man’s junk is another man’s treasure so he’s going to have to look around and see if he can find some model ordinance addressing inappropriate items for front porches. Councilman Allar asked about the bushes up there? Councilman Snyder said he has to mow, but there’s no way to get him to trim his bushes, but eventually if it goes over the sidewalk then we can. Last year I trimmed it myself, they were touching my house. I know, just live with it.Secretary’s Report(cont.) Page 60

Audit Councilman Snyder said we only got proposals. TheProposals secretary said one additional. Councilman Snyder said one additional to SEK, which was Stambaugh Ness. The secretary said that was copied and included with the minutes of the last council meeting packet. Councilman Snyder said did everyone have an opportunity to look over them? Any discussion or? Stambaugh and Ness is submitting the following for audit proposal: $5750 for 2008, $6095 for 2009 and $6400 for 2010. SEK which, only gave, a quote for 2008 which will range from $6950 to $7450. So. Councilman Snyder said you can’t compare the other years. Councilman Noll said if you compare the first years, Stambaugh Ness is less. The secretary said they charge you so much an hour for Quick Books. They do have Quick Books available. Councilman Snyder said they will charge at a rate of $105.00 per hour plus any other out of pocket expense. Right now she doesn’t get billed for Quick Books help via phone from SEK. Personally, I liked the service we got from SEK, when we were in between auditors, they were very accommodating. Councilman Noll said they are very good, I’ve served on boards that use them, that is Stambaugh Ness. The secretary said their quote is cheaper and that way you would have a controlled expense for three years. I did ask why SEK went up so much, she said there has been new standard rules for accounting and that’s the reason why. Councilman Snyder said and you don’t know that maybe Stambaugh is low balling it to try to get their foot in their door. The secretary said they called, Stambaugh Ness about the quotes on Monday. Councilman Snyder said we would be paying more if something ever happened and Sandy couldn’t be here. Councilman Myers asked what was there price again? Councilman Snyder said it $5750 for the first year and $6400 for 2010. And

Secretary’s Report(cont.) Page 61

SEK was $6950, would range between $6950 and $7450.00. So its roughly $1200.00. The secretary said I sent twelve letters out, I got three rejections and three phone calls. Councilman Snyder asked do you know how long we’ve had SEK? The secretary said since I’ve been here, I don’t know how far before. Councilman Snyder asked who did we have when you left? The secretary said Beard and Miller. Beard and Miller had sent a rejection letter. Councilman Snyder said I was just wondering how long we had them because I know its good financial practice to change auditors. So you just have a different set of eyes looking at the books. Councilman Allar said well then its about time, don’t you think? Councilman Snyder said I don’t have a problem with changing. The secretary said I think price wise you should go with Stambaugh and Ness. Councilman Snyder said understand, we’ll need a motion to accept their fee proposal, not until the end of the year, according to state law we have to appoint them by resolution. But we can accept the contract. A motion was made by Councilman Allar to accept the contract with Stambaugh Ness for a three year period, 2008, 2009 and 2010. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said motion carried.

Speech Councilman Allar asked if you ever got with Red LionRecognition on the software? The secretary said I got a phone call from Quality Copy and I have speech on my windows. So I have to go out to Staples to get a microphone, I don’t see any sense of paying for more software. Quality Technology was very helpful. They don’t have that software, I’m am going to be using windows software. I have it on my computer. I have to get a head phone set, so when I ‘m doing that, it has be totally quiet, so I’m going to have to put a sign up to say please be quiet, because it picks up even telephone calls.

Thank you Councilman Allar said I wanted to thank Sandy for helping to get that DCED grant. I think during ChristmasSecretary’s Report(cont.0 Page 62

it was a very crunch time. $25,000.00 that is about two and half times the normal. I think it would be a great idea Sam, to write a thank you to Mike Waugh. The secretary asked with the DCNR grant and with this grant, do we have to expend the money before we get the money back? Or do they give us the money and we keep track of it? With the CDBG grant, they fill out certain things, then I have to sign and then they take care of paying them. Councilman Snyder said have you heard? Councilman Allar said the one from DCED I doubt if you do. You spend the money and send the bills in. Councilman Snyder said I think that is the way then that DCNR will work. CDBG, they will pay them. The secretary asked can I send the bills in as I expend them or do I have to take the money out of wherever I can find it to pay and then send them all together. Councilman Myers said I think you can probably send them all together, they don’t like to see any of those petty ones. They want to see. Councilman Snyder said we may at that time, lets face it we’re going to have this money coming in and going out. We can direct the treasurer to say, now you can use our squat fund money, that rainy day fund, to pull it out there when you need to and put it back in there. The secretary said I just want to see where I’m going to be at, so I’m not going to have $95,000.00 to work with. Councilman Allar said when I talked to them I was only going for $15,000.00 it was very surprising that we got $25,000.00. Councilman Snyder said I was really surprised about that too. I know what he said, because he only has the so much money to spend in his district. They probably cut it because at that time when I was going for the Explorers he was getting $160,000.00 that has to go for the entire district so he doesn’t like to spend more than $10,000.00. So its like, shocked me. Councilman Allar said you don’t know howSecretary’s Report(cont.) Page 63

significant that is. Councilman Snyder said that was a big chunk

? to Sandy Councilman Myers asked how comes the minutes are like this. The secretary said I had trouble with the software for that with my computer and I didn’t go back and fix it. I’ll try to work on that, it went nuts that day.

Plaque Councilman Snyder said I did submit, well its actually in bills, as we’re talking about this with the grants and stuff, we did, I picked up the plaque for Kinsely, yesterday. I have the citation already drawn up, except for a date. Now it took two and half weeks to get that in, anytime you’re ready, try to set something up between John, whoever you need to in there basically and then we’ll. Councilman Noll said I’ll find out when we can get a large group together. Councilman Snyder said find out about the kids however you think it would get us the best bag for the buck in there, If they want to have it with him, himself, or if he wants to have it in front of the education center, wherever they want it, we’ll accommodate them, we’ll get that citation basically a thank you. In essence it was a plaque, spoke with John and we kicked a couple things around as far as what a good way to make an impression Kinsley. As you were pointing out we’d like to try to get them back. The more that they can do on gratis, the more the money goes. We suggested on a plaque and reads, this building renovation completed by Kinsley Education Center through the donation of Kinsley of Construction, Inc. Then the citation is going to be a citation from council, thanking them, and recognizing the approximate amount that they contributed, what it was for, type of work that it was used for, who did it, the education center, and then that we are officially recognized them with a citation in perpetuity putting this plaque up in the building in recognition of theSecretary’s Report(cont.) Page 64

work which help make the grant possible. That’s what we came up with. So now we have the plaque, so now all we have to do is get a time. Councilman Noll said I’ll ask Dave and get a time to accommodate. Councilman Snyder said just keep us posted now and give us a couple days notice. I guess check with John, to get a couple days notice, I don’t know what his schedule is. Otherwise I’ll get him to sign it but as soon as I get a date to put on it then I print out the final copy.

W/C Councilman Snyder said we did get an endorsement amendment from Kocman Insurance amending the workmen’s compensation for the borough which generated a return of $1442.00. The secretary said the temporary help is still insured.

Day Councilman Snyder said we did get a list of activities andCamp schedule of events at the summer day camp. For the most part it has been going over well as far as kid participation. On average, Dana said they are averaging about 100 kids a day up there. Which is amazing. We do have some issues of which they are going to be talked about tomorrow at meeting with Amy Myers. Evidently there have been some problems that it hasn’t been cleaned up as well as what Gail thought it should be for the rentals. So I think its something that needs pointed out to them, its not going to be a big deal. One thing that I am concerned about, and I thought was the biggest issue, Gail had left, and I’m not saying it’s the day campers, but as much as Gail and where she left her garbage bags. But I’m not sure, I’m going to find this out tomorrow, the kids have full access to that refrigerator to get their lunches and drinks but there was a roll of plastic bags, garbage bags, up on top of refrigerator because of someone slamming and opening the door, it rolled off and unto the back and melted unto the coils. So we want to make sure, that kind of thing doesn’t happen because we don’t want the place burning down. I said its probably a bad place. The secretary said they took the bags out of the box that was on top of the refrigerator.Secretary’s Report(cont.) Page 65

I’m not sure really sure Tom, Gail will be here tomorrow for a meeting. Councilman Snyder said all I heard about was that it was stuff about clean up. The secretary said its things she walked into. Councilman Myers said if we have pay someone to clean it up. The secretary said you are not charging them anything for use of the park by the agreement. Councilman Snyder said basically, we would let them know what are costs are, after the fact, and we’ll see. Its all getting tallied up,just like this extra time. The secretary said Dana hasn’t had time. Councilman Allar said he shouldn’t have too. The secretary said were several concerns, she was very calm but we will address them tomorrow. Councilman Snyder said we’ll find out and address them. The secretary said the ladies auxiliary is going to be in that building tomorrow night. They have to have that building back to the way it was on Monday. People are using that building at night too.

Unfinished Business

Comp Councilman Allar said under the comp plan, we sent out andPlan and got twelve responses for qualifications. And we had a marathon meeting and narrowed it down to four. Out of the four, including the response to the RFP, to see who we are looking for, sometime next week. You and Seth can come in next week, Tuesday or Wednesday to get together. Councilman Snyder said I can’t because I have doctor’s appointments. Councilman Allar said this would be next week. Councilman Snyder said that’s what I’m saying , I’m in that cycle, I’ve got to check to see what appointments I have next week. Councilman Allar said give me a call tomorrow. Then they’re going to send in a proposal with the monies. Then we’re going to interview all four. Again it might be good idea, that you guys are there, very important documents. You have to pick the right contract, that’s the thing. Rettew has come in, the other three have to be contacted. Councilman Allar said should I set up a time or are you going to call me. CouncilmanUnfinished Business(cont.) Page 66

Snyder said go ahead and set up a time for everybody else, I’ll check my calendar and I’ll get back to you and say whether I can make it. Councilman Allar asked if any time is better for Seth, lunchtime? Councilman Noll said around lunchtime. Councilman Snyder asked where is that going to be held. Councilman Allar said here.

Long Range Councilman Snyder said I did have, what I’m under theTransp. impression was my last long range transportation task forceTask meeting. In a nutshell, we made our recommendations to theForce county and we’ll see how, we haven’t got the final draft back yet of what we said our criteria is for capacity. As you recall I was on the capacity committee. As far as, capacity, I’ll leave this here for the borough. They got the funding down until the year 2035, they broke it down to transit safety, capacity, maintenance, bridge enhancements, aviation, rail and security. Capacity, which is what I was on got $296,270,352.00. And that has to last until 2035. Which amounted to 16-20% of the overall long range budget. When I get the final draft of the criteria of what would be acceptable projects, I’ll present that to council and then my job is done on capacity. I think John was on another one, I think bridges or something. And that’s all I had.

CDBG Councilman Snyder said these are copies of letters for theLetters CDBG funding. All those letters, Tom that were brought up at last month’s meeting, I guess you got the copies all done up. That’s all if have for old. Anything else for old business.

New Business

There was no new business.

Payment of the Bills

Councilman Snyder said we have two additional bills to be added to the bill list: T & J Trophies at $61,82, that was for plaque that we just discussed and Jerry Pickel $60.00.Payment of Bills(cont.) Page 67

A motion was made by Councilman Crull to pay the bills as listed with the addition of the two mentioned bills. The motion was seconded by Councilman Howett. All in favor. Councilman Snyder said bills paid.

Adjournment

A motion was made by Councilman Crull to adjourn the meeting at 10:17PM. The motion was seconded by Councilman Snyder. All in favor.